A blog about planning, planning law and planning policy


The information on this blog is not intended to be advice, legal or otherwise. You should not rely on it and I do not accept liability in connection with it. If you do have a planning law question on which you would like advice, seek legal advice from a suitably qualified solicitor. Specific advice should be sought for specific problems.

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Ten ways to speed up the negotiation of planning agreements.

The Government consulted on this on 20th February. To follow up my earlier post on it here are my ten suggestions.

1 Amend s.106 to remove the restrictions on what a s.106 agreement can do, and particularly improve it for affordable housing

2 Revoke Reg 123 of the Community Infrastructure Regulations 2010 which restricts pooling


Consultation on speeding up section 106 agreements

The Government issued this consultation last Friday, 20th February. The period closes on 19th May, so a rapid response is necessary.

The proposals in brief are: 1 Issue new guidance emphasising the need for speed, early engagement and use of standardised clauses. 2 A system for resolving disputes about s.106 agreements.

It is good to […]

What are the powers of the Planning Inspectorate?

There is an interesting article by James Maurici QC and Andrew Parkinson, both of Landmark Chambers, in the latest edition of the Environmental Law Review. It concerns the need for appropriate assessment under the Habitats Directive, which must be undertaken by each competent authority if there is a likelihood of significant adverse effects on any […]

Invalid Planning Agreements – Secretary of State’s decision quashed because the s.106 wasn’t a s.106.

A planning agreement has been found invalid and the planning permission it supported has been quashed in the recent case of Westminster City Council v. Secretary of State (27th March 2013). It is a salutary case.

The SofS granted permission on appeal. There was a deed submitted and claimed to contain planning obligations. They were:


Housing and growth

Last week saw another step in the Government’s campaign to secure growth by changes to the planning system. My colleague Martin Goodall has posted an excellent summary and comment in his blog, see the link at the end of this post.

The announcement is in a ministerial statement. It covers increasing investment in the private […]

Is the Planning Inspectorate the new bogeyman of the planning system?


There was a debate in the Commons this week over the NPPF. There were two recurrent themes and one really serious point. The two themes were (i) that planning lawyers will be rejoicing over the NPPF as it is going to lead to a lot more cases and (ii) the role of the Planning […]

Change at the Planning Inspectorate

I knew this move, which is part of the rationalisation of Government websites, was under consideration earlier this year and expressed a little concern. The Inspectorate is an independent body and it seemed to me that it merited its own site as a sign of and to reinforce that independence. After all the Courts […]