Failure to publish section 106 agreement could put planning permission at risk (Greenfields (IOW) Ltd v Isle of Wight Council)
Planning analysis: In Greenfields, the Court of Appeal quashed a grant of planning permission on the ground that the authority failed to publish the section 106 planning obligation prior to granting planning permissionr). Publication of the heads of terms in the planning officer’s report did not constitute substantial compliance, as the heads of terms were not sufficiently detailed to allow the public to know the terms of the planning obligation and to comment on it if they chose to do so. Local planning authorities must publish a proposed or agreed planning obligation before granting planning permission, otherwise, the planning permission is liable to be quashed by the courts. However, it may be possible to avoid quashing if the authority can show that there was substantial compliance with the requirement, and no prejudice was caused. Written by Victoria Searle, principal associate at Browne Jacobson.