Planning obligations

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A section 52 agreement is a set of planning obligations contained in the Town and Country Planning Act 1971 (TCPA 1971) relating to specific pieces of...
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Produced in partnership with Abbie Pritchard-Hooper of IBLaw 19th May
Practice notes
Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
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19th May
Practice notes
Material change of useControl of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is...
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19th May
Practice notes
The EU Birds Directive—summaryThe EU Birds Directive—summaryEU Council Directive 2009/147/EC on the conservation of wild birds (OJ L 20, 26.1.2010)...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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19th May
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The existence of a town or village green (TVG) may restrict or even prevent development. It is a criminal offence to disturb or interfere with the use...
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Produced in partnership with Stephen Morgan of Landmark Chambers 19th May
Practice notes
Role of material considerations in planning decisionsWhen considering an application for planning permission or permission in principle, section 70(2)...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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19th May
Practice notes
IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...
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19th May
Practice notes
Presumption in favour of sustainable developmentPolicy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published...
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19th May
Practice notes
Meaning of ‘highway’In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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Produced in partnership with Stephen Morgan of Landmark Chambers 19th May
Practice notes
The Crichel Down Rules (the Rules) require that in certain circumstances, surplus government land that was acquired by, or under a threat of,...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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19th May
Practice notes
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...
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19th May

Most recent Planning obligations content

Q&As
Where a Council that has entered into a section 106 agreement as the local planning authority subsequently becomes the sole freehold owner of the land...
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20th Jul
Q&As
What is the status of a section 106 agreement that is not dated? Can it be registered as a land charge?Section 106(9) of the Town and Country Planning...
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2nd Jul
Q&As
Is it lawful for a local planning authority to impose a Grampian condition?What are Grampian conditions?Grampian conditions are named after the...
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6th Jun
Q&As
Is there a legal requirement for plans appended to an agreement made under section 106 of the Town and Country Planning Act 1990 to be either signed...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 6th Jun
Q&As
Can a planning condition or obligation prevent the implementation of a conflicting planning permission?It is perfectly possible for two planning...
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Produced in partnership with Chris Willmore 6th Jun
Q&As
Is a contract conditional on planning entered into by a landowner and a developer a legal interest for the purpose of a section 106 agreement?Section...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 6th Jun
Q&As
In the event that an agreement under section 106 of Town and Country Planning Act 1990 does not include a clause stating that its obligations will not...
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6th Jun
Q&As
Can a local planning authority enter into a deed of variation under section 106A of the Town and Country Planning Act 1990 with itself as...
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6th Jun
Q&As
Are contributions under section 106 of the Town and Country Planning Act 1990 caught by state aid rules or are they exempt?The Department for Business...
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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright 6th Jun
Q&As
Can a developer seek repayment of a sum paid to a local authority for open space, which was made pursuant to local policy and not by way of planning...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 6th Jun
Q&As
Are there rules or statutory provisions which enable a contribution paid to a local planning authority under a section 106 agreement to be repaid to...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 6th Jun
Q&As
If an individual acquires land by adverse possession which is subject to ongoing obligations under a section 106 agreement, will the land acquired be...
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6th Jun
Q&As
Is a subsequent planning permission automatically bound by a previous section 106 agreement?Whether a subsequent planning permission is automatically...
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6th Jun
Q&As
What is an attestation clause and which planning documents require one?An attestation clause is a clause stating that a document has been executed by...
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6th Jun
Q&As
Is there any case law or guidance regarding enforcement of Council obligations (rather than developer obligations) in a section 106 agreement?A...
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5th Jun
Q&As
Are there any consequences for a developer in notifying commencement of development late under either/both CIL liability and/or under an s 106...
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Produced in partnership with Chris Willmore 5th Jun
Q&As
To what extent is it possible for a landlord to pass down obligations to the tenant under section 106 of the Town and Country Planning Act...
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5th Jun

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