Friday, 12 April 2013

Invalid Planning Agreements – the limits of Section 106


Planning lawyers and town planners have received a shock with the judgment of the High Court in Westminster City Council v. SSCLG [2013] EWHC 690 (Admin) in which judgment was given by Belinda Bucknall QC on 27 March 2013.

I was going to write a piece on this judgment, but my colleague David Brock has beaten me to it, and so I recommend that you take a look at David’s post (which can be accessed by clicking on the direct link on the left-hand side of this page).

As David points out, this was a salutary case, and he has some pertinent observations to make on the issues that this case raises. It is a pity that De-CLoG takes so little notice of what they are told by planning professionals, and especially by planning lawyers with hands-on experience of the problems thrown up by planning legislation. We know what we are talking about, which most politicians certainly don’t, and the politicians are frankly ill-served by their civil servants.

© MARTIN H GOODALL

2 comments:

  1. "ill-served by their civil servants"

    An understatement!

    ReplyDelete
  2. A bit late - sorry, I'm a slow thinker. Obviously it's great fun exposing and overturning invalid planning agreements, but in some instances I can sympathise with the Local Authorities (not a phrase you'll often hear from these lips!). For instance, where parking is genuinely at a premium, what steps if any can and should an LA take to discourage occupants of new properties from acquiring parking permits. Or would that be giving the game away?

    ReplyDelete

NEW COMMENTS ON THIS BLOG ARE NOW CLOSED.

Note: only a member of this blog may post a comment.