The following Planning practice note Produced in partnership with Charlotte Gorst and Thomas Evans of Gerald Eve LLP provides comprehensive and up to date legal information covering:
Overview of viability in planning
National planning policy and guidance
Viability assessments in practice
Section 106 planning obligations
Build to Rent in London
Transparency, viability and freedom of information
Viability evidence and risk of third party challenges
The English and Welsh planning system is plan-led. Each local planning authority (LPA) must prepare and maintain a development plan outlining the planning policies and land use priorities within their administrative area. Development plans set out opportunities for development and the form and scale of development that will be permitted in certain locations. Development plans also invariably set out policies on the provision of planning obligations to be entered into under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (known as section 106 agreements, or planning obligations). Planning obligations mitigate the impact of development on local communities and make new development acceptable in planning terms. Development plan policies can impose requirements on developers or landowners to provide in-kind or financial contributions towards local infrastructure (such as roads) or local services (such as schools), and to provide a certain quantum and type of affordable housing as part of a development. See Practice Notes: Determining planning applications—procedure, Determining planning applications—material considerations and Planning policy in England.
The plan-led system requires that applications for planning permission must be determined in accordance with relevant
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.