On 25th October, the Supreme Court handed down its judgment in this case. It was a single judgment, given by Lord Hodge, with whom the other four Justices all agreed without giving judgments of their own. Whilst the other Justices included Lord Neuberger and Lady Hale, they did not include Lord Carnwath who is the […]
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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 […] 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 […] The Court of Appeal issued its decision in Savage v. Mansfield [2015]EWCA Civ 4 on 15th January. The case is interesting for those involved in section 106 agreements for two reasons, both dealt with in a few admirably pithy paragraphs at the end of the judgment of Lord Justice Lewison. The first is that […]
This is the review set up by the Labour party when Ed Miliband announced they proposed to introduce a “Use it or Lose it” provision to counter hoarding of development land. Brock Consulting’s response to the call for evidence has gone in and can be found here. Strangely, the call for evidence opens with […] 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: […] At last. The onerous requirements on what has to be included with an outline planning application are being relaxed by an amendment order laid before Parliament yesterday and coming into force on 31st January 2013. It was in 2006 that the definitions of what constituted had to go in with an outline planning application were […] I have posted and written on a number of occasions about the deficiencies and legal difficulties caused by the current wording of s.106 of the Town and Country Planning Act 1990. So it is particularly encouraging to see that they are being taken up in Wales. The Welsh Government recently commissioned an independent advisory group […] |
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