1 Definitions In this Schedule the following definitions apply: Buyer's Surveyor a chartered surveyor with not less than 15 years' experience in the [eg residential development] market in the [location] area; [Community Infrastructure Levy [has the meaning given to such term in the Planning Act 2008 and the Community Infrastructure Levy Regulations 2010 (SI 2010/948), as amended, or any levy, tax or scheme implemented by the government from time to time which operates so as to capture and collect from a landowner a percentage of the uplift and value of the land following the grant of planning permission in respect of that land];] Current Use Value the Market Value

[insert precedent overage deed (this precedent is designed to be a schedule to be ‘bolted on’ to our front end overage deed)] 1 Definitions In this Schedule the following definitions apply: Buyer's Surveyor a chartered surveyor with not less than 15 years' experience in the [eg residential development] market in the [insert location] area; [Community Infrastructure Levy has the meaning given to such term in the Planning Act 2008 and the Community Infrastructure Levy Regulations 2010 (SI 2010/948), as amended, or any levy tax or scheme implemented by the government from time to time which operates so as to capture and collect from a landowner a percentage of the uplift and value of the land following the grant of planning permission in respect of that land;] Current Use Value (a) In relation to the calculation of the Overage for the first Trigger Event, the greater of £[insert agreed market value

What is a planning performance agreement? Planning performance agreements (PPA) are optional memorandums of understanding or agreements between an applicant for planning permission, local planning authority (LPA) and in some cases, other interested parties like certain key statutory consultees. PPAs contain commitments as to the timescales, actions and resources to be employed for a specific planning application. They are a project management tool or framework, which set out the process for reaching a decision on a planning application. PPAs are usually entered into before submitting an application and can cover all stages of the planning application process, including the pre-application stage. While they tend to focus on the pre-application and application stages, they can also cover the post-application stage (governing how reserved matters or approvals of details will be handled). PPAs can take the form of a simple memorandum of understanding or exchange of letters, or they can be made under section 111 of the Local Government Act 1972 (LGA 1972) (see Q&A: What is a section 111 agreement?). Benefits of entering into a PPA PPAs are

Planning analysis: In Guardians of Whitewebbs v Enfield LBC, the High Court quashed planning permission for Tottenham Hotspur Football Club’s proposed training centre at Whitewebbs Park. The court held that the local planning authority (LPA) had failed to disclose its ecological consultant’s report as a background paper under section 100D of the Local Government Act 1972 (LGA 1972) and had materially misled the planning committee by relying on the consultant’s lack of objection to the application without disclosing his continuing disagreement with the developer’s claimed biodiversity net gain (BNG), thereby creating a false impression of professional consensus on that issue.

Planning analysis: In Kerswell v Lewisham LB, the Administrative Court quashed the decision of Lewisham Borough Council (the council) to grant planning permission for a terrace because the council failed to consider the question of structural noise, as opposed to airborne noise, caused by use of the terrace.

Paragraph 150 of the National Planning Policy Framework (NPPF) states that certain forms of development are not inappropriate in the green belt provided they preserve its openness and do not conflict with green belt purposes. One such type of development, under NPPF, para 150(d) is ‘the re-use of buildings provided that the buildings are of permanent and substantial construction’. See Practice Note: Development in the green belt. The rationale of this policy is that the re-use or conversion of existing buildings in the green belt may be acceptable in circumstances where the new construction of a similar building

This Q&A is answered on the basis that planning permission was granted by the Mayor of London (MoL) after being denied by the local planning authority (LPA). Under article 7 of the Town and Country Planning (Mayor of London) Order 2008, SI 2008/580 (SI 2008/580, art 7) and section 2A of the Town and Country Planning Act 1990 (TCPA 1990), the Mayor directed that he act as LPA in respect of the application and subsequently granted planning permission (see Practice Note: The London Planning Framework). Where this is the case, an appeal against

Why is planning policy important? Planning policy: • determines the type and location of development in an area • helps to achieve key objectives of local planning authorities (LPAs) and regional and central government, and • helps to inform the process of determining planning applications A planning application which accords with up to date local planning is more likely to be granted permission than one which does not. Consequently, developers should take planning policy and guidance into account when preparing planning applications. Objectors against planning applications can also use policies to strengthen their arguments, eg if the planning application does not accord with local policies. In addition, if an LPA ignores national policy, this can form the basis of an objection in a local plan inquiry or in a public inquiry into a specific development. In some cases a failure to reasonably have regard to national policy could form the basis of a legal challenge by way of judicial review. Structure of planning policy England has a hierarchical structure of guidance and plans covering national

STOP PRESS: A revised version of the National Planning Policy Framework was published on 17 August 2026. This content is being reviewed in light of the revised version. Planning policy is contained primarily in Planning Policy Wales (PPW), supplemented by Technical Advice Notes (TANs), circulars and planning circular letters (issued as clarification). Technical Advice Notes include Mineral Technical Advice Notes (MTANs) and circulars may include relevant circulars issued by the Welsh Office pre-devolution, as well as more recent Welsh government documents. PPW sets out the land use planning policies of the Welsh government and, together with the other sources above, provides the national planning policy framework for Wales. Minerals planning policy is dealt with in Chapter 5 of PPW and MTANs. The key principles of PPW are applied at a national, regional and local level by the National Development Framework (NDF), strategic development plans and local development plans. These together constitute the development plan for an area under the statutory definition. Place Plans, as referred to in PPW, are discretionary non-statutory plans which may be prepared

Planning analysis: The government has published a working paper on reforming site size thresholds to support housing delivery on different types of sites. This means taking a gradated approach to the system as a whole—removing and streamlining disproportionate requirements on small and medium sites, while maintaining and strengthening requirements on major development. This analysis looks at the key proposals and implications.

Planning analysis: On 13 December 2024, the Department for Energy Security and Net Zero (DESNZ) published its ‘Clean Power 2030 Action Plan’ (the Action Plan), setting out how the government intends to build an energy system where clean sources produce at least as much power as Great Britain consumes, and which delivers 95% of Great Britain’s energy generation through clean power. Successful delivery of this goal will require rapid deployment of new clean energy capacity, which, according to the Action Plan, will depend, among other things, on a quicker and more efficient planning regime. This analysis pulls together the key proposals relevant to planning practitioners in England and Wales.

Dated: Parties 1 [insert party name] whose registered office is at [insert address] (‘the First Party); and 2 [insert party name] whose registered office is at [insert address] (‘the Second Party); and Recitals (A) The First Party intends to submit to the Council a planning application for the Commercial Proposal in respect of the First Property. (B) The Second Party intends to submit to the Council a planning application for the Residential Proposal in respect of the Second Property. (C) The parties agree that the Second Party will submit the Second Planning Application to the Council at the same time as the First Party submits the First Planning Application to the Council, in each case as related planning applications for a Planning Use Exchange in relation to the First Property and the Second Property on the terms hereinafter set out. 1 Definitions and interpretation 1.1 In this Agreement the following expressions shall have the following meanings: Act • Town and Country Planning Act 1990; Business Days • a day other than a Saturday, Sunday or a bank holiday in England; Commercial Proposal • change