Oxfordshire Director of Legal

Variation and enforcement of s.106 – Part 3: relationship to s.73 TCPA

In the third in a series of articles by barristers at Landmark Chambers on varying s.106 obligations, Matthew Henderson looks at the relationship to s. 73 of the Town and Country Planning Act 1990. Read more
Slide background
Slide background
Slide background
Slide background


Jun 26, 2020

Council to pay £1,000, build new bat hibernation boxes and improve processes after Ombudsman criticises planning approval

Warwick District Council has agreed to pay £1,000 and provide new hibernation boxes for bats after it failed to properly consider the impact a development might have on local wildlife when it approved a planning application.
Jun 25, 2020

Property owners found guilty over illegal sub-division of building after ten year battle with council

Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.
Jun 22, 2020

Government to extend consents for sites with planning permission that would have expired during lockdown

Sites with planning permission that have an expiry date between the start of lockdown and the end of 2020 will see their consent extended to 1 April 2021, the Secretary of State for Housing, Communities and Local Government, Robert Jenrick, has announced.
Jun 22, 2020

Ministry urges councils to shy away from enforcement action that would unnecessarily restrict outdoor stalls

The Ministry for Housing, Communities and Local Government has called on local authorities not to undertake enforcement action which would result in unnecessarily restricting outdoor stalls.
Jun 19, 2020

Landlord fails in bid to vacate earlier guilty plea amid claims council was improperly motivated by prospect of confiscation windfall

A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.
Jun 18, 2020

Judge declines to consider judicial review bid over inclusion of 'informative' in CLEUD

A High Court judge has declined to hear a judicial review application concerning the inclusion of an ‘informative’ into a certificate of lawfulness of existing use or development ("a CLEUD").
Jun 12, 2020

A lesson in legal alchemy

A CAAD appeal relating to 135 homes was recently dismissed as inappropriate development in the Green Belt. James Pereira QC and Daisy Noble explain why.
Jun 11, 2020

Neighbourhood forum wins Planning Court challenge over Leeds site allocations plan and Green Belt land releases

A neighbourhood forum has successfully challenged Leeds City Council’s site allocation plan in the High Court in a dispute over calculating Green Belt release for housebuilding.
Jun 10, 2020

Borough council to accelerate applications for temporary changes to use of public areas and private land

Cheltenham Borough Council is understood to have become one of the first local authorities in the country to accelerate applications for temporary changes to the use of public areas and private land.
Jun 04, 2020

Campaigners get green light for legal challenge over felling of wood near planned nuclear power station

A group that campaigns against the proposed Sizewell C nuclear power station has won permission to take East Suffolk Council to judicial review in a dispute over felling a wood.


June 26, 2020

The right to lobby councillors: Holborn Studios 2

A High Court judge recently considered the right of local councillors to receive correspondence from the public and to consider it when making decisions. Richard Harwood QC analyses the outcome.
June 26, 2020

How to (lawfully) rename streets and remove statues

Ruchi Parekh highlights the relevant legal framework and some of the issues that councils will need to consider before amending their street names or removing statues.
June 26, 2020

Site allocation plans and Green Belt release

A Planning Court judge recently allowed a legal challenge to the Leeds Site Allocations Plan. Jenny Wigley explains why.
June 19, 2020

Access to viability assessments: Holborn Studios 2

In the first of two articles Richard Harwood QC considers what the Planning Court had to say about the public's right of access to viability assessments.
June 19, 2020

Varying s106 obligations Part 2: S106B appeals

In the second in a series of articles from Landmark Chambers on the subject of the variation and enforcement of s106 obligations, James Maurici QC considers s106B appeals in relation to variations and discharge.
June 12, 2020

Varying a s106 obligation

In the first in a series of articles to be published by a group of Landmark barristers over the coming weeks, Kate Olley looks at the variation and enforcement of s106 obligations.
June 12, 2020

Environmental impact assessment and contamination screening

Stephen Tromans QC and Adam Boukraa examines a Planning Court judge's ruling that a screening process was defective.
June 04, 2020

Development plan issues

With the Government apparently maintaining its objective of having all local plans in place by the end of 2023, this webinar considers the current issues for development plan preparation arising from the restrictions imposed in response to the coronavirus pandemic.


Jun 04, 2020

Committee rejects 421-home scheme despite warning from officers over appeal costs

Planning committee members at Maidstone Borough Council have rejected a 421-homes planning application despite a warning of “significant costs” from officers if an appeal were to succeed.
Jun 02, 2020

Mills & Reeve hires planning partner for Manchester real estate team

Mills & Reeve has appointed Melanie Grimshaw as planning partner to support the firm’s national planning practice and its Manchester real estate team.
Jun 02, 2020

Council nets permission for High Court challenge to decision by inspector over Local Plan and duty to cooperate

The High Court has granted Sevenoaks District Council permission to bring judicial review proceedings on all grounds over a decision of the planning inspector appointed by the Secretary of State to examine the Sevenoaks District Local Plan.
May 29, 2020

Planning Inspectorate to scale up virtual hearings in June

The Planning Inspectorate has unveiled plans to hold at least another 20 hearings and inquiries and an additional 15 hearings for national infrastructure projects in June.
May 28, 2020

Parish council launches legal challenge over 210-home development

A parish council has issued a pre-action letter against one of two district councils involved in an application to build 210 homes.
May 26, 2020

Secretary of State quashes decision letter approving controversial development after allegation of “apparent bias” in favour of developer

The Secretary of State for Housing, Communities and Local Government has agreed to a redetermination of a 1,524-unit housing development proposal for the former Daily Telegraph/Daily Express printworks site in East London following legal action from Tower Hamlets Council and the Greater London Assembly (GLA).
May 21, 2020

Supreme Court hands down key ruling on listed buildings

Planning inspectors should reconsider whether two lead urns that were placed on top of limestone piers at a historic house were ‘buildings’ or not, the Supreme Court has ruled.
May 19, 2020

Updated handbook launched to guide planning enforcement officers in England to take correct decisions

The National Association of Planning Enforcement, part of the Royal Town Planning Institute (RTPI), has issued an updated Planning Enforcement Handbook for England.
May 19, 2020

Supreme Court rejects appeal bid by Welsh Ministers over s.73 permissions ruling

The Supreme Court has refused the Welsh Ministers’ application for permission to appeal a ruling that s.73 permissions cannot alter the description of development, it has been reported.
May 15, 2020

District agrees to quashing of drainage decision taken in breach of legitimate expectation of claimant being able to comment on application

South Cambridgeshire District Council has agreed to the High Court quashing its decision to discharge in part conditions relating to foul and surface water drainage for a residential development.
May 14, 2020

Mayor of London loses statutory challenge over permission for substantial development at top private school

The Mayor of London has failed in a challenge by statutory review to a decision of the Secretary of State for Housing, Communities and Local Government to allow an appeal by Harrow School against refusal of planning permission for a substantial development.
May 14, 2020

Developer fails in claim that 135-home residential scheme was appropriate alternative development for compulsorily purchased site

A judge has rejected a developer's claim that 135 homes would have been appropriate alternative development for a site compulsorily purchased for a bypass.
May 13, 2020

City wins battle over grant of planning permission and whether site should have been treated as in Green Belt

City of York Council was entitled to treat a site as not in its Green Belt even though it was located in an “indicative doughnut ring” in its policies, a Planning Court judge has ruled.
May 13, 2020

Judge rejects challenge to decision to send draft neighbourhood plan to referendum

Mendip District Council was right to accept the recommendations of an examiner into the draft neighbourhood plan for the village of Norton St Philip and allow this to proceed to a referendum, the High Court has ruled.
May 13, 2020

Government to ease requirements on publicity and consultation in latest measures to help planning system operate during COVID-19

The Ministry of Housing, Communities and Local Government has announced further, temporary measures to make it easier to operate the planning system during the coronavirus outbreak.
May 07, 2020

Supreme Court to hear appeal on Heathrow Airport expansion and climate change commitments

The Supreme Court has granted the operator of Heathrow Airport and a hotels group permission to appeal over whether the government’s failure to take account of the UK’s climate change commitments, as represented in the Paris Agreement, when deciding whether or not to build a new runway rendered the decision unlawful.
May 04, 2020

Planning Inspectorate to hold first fully ‘digital’ hearing next week

The Planning Inspectorate has said its first fully ‘digital’ hearing in England is due to take place next week (11 May).
May 01, 2020

All-Party Parliamentary Group for ADR to hold evidence session on land-use assembly, planning, compensation and ADR

The All-Party Parliamentary Group for Alternative Dispute Resolution is to hold an online discussion session on Monday (4 May) to explore how ADR methods can be used to improve fairness, efficiency and outcomes in the UK planning system.
Apr 27, 2020

Borough council to appoint legal practices to advise on s.106 agreements

Welwyn Hatfield Borough Council is to appoint “suitably qualified legal practices” to act on its behalf in dealing primarily with section 106 planning obligations and unilateral undertakings under the Town and Country Planning Act 1990 that the council negotiates on, leading to completion of the deeds.
Apr 27, 2020

Sharpe Pritchard advises county on s106 agreement delivering transport improvements ahead of SnOasis development

Sharpe Pritchard has advised Suffolk County Council on the completed section 106 agreement relating to the proposed SnOasis development near Stowmarket.
Apr 23, 2020

Judge rejects appeal over refusal of planning permission for demolition of Victorian villa in conservation area and subsequent development

A Planning Court judge has dismissed a developer's claim for statutory review after an inspector dismissed its appeal against the refusal by a district council of planning permission for the demolition of a Victorian villa in a conservation area.
Apr 20, 2020

Judge orders fresh hearing in dispute over disclosure of advice to council on tactics in negotiations with supermarket giant

An Upper Tribunal judge has set aside a decision by a First-tier Tribunal (FTT) that upheld – after a freedom of information request – the withholding of an agent’s advice to a local authority on the tactics it should apply in negotiations with Tesco over a proposed development.
Apr 20, 2020

Council mounts legal challenge after inspector refuses to endorse Local Plan

Sevenoaks District Council has launched a judicial review challenge after a planning inspector refused to endorse its new Local Plan.
Apr 17, 2020

Planning solicitors back using video-conferencing for public inquiries, call for extension to determination periods and time limits for appeals

The planning and environmental law committees at the Law Society and the City of London Law Society have backed the view – as expressed by various barristers – that public inquiries could continue to proceed by using video and telephone conferencing technology, whilst still complying with the legal principles of fairness and public participation.
Apr 15, 2020

Council wins appeal in case where relevant policies of development plan pointed “in different directions"

Cornwall Council has won an appeal over whether its grant of planning permission for new holiday lodges was lawful in a case where relevant policies of the development plan pointed “in different directions".


June 03, 2020

ATMs – is this cash machine free to use?

In another instalment of their mini webinar series on rating law, Dan Kolinsky QC, Tim Morshead QC and Tim Mould QC discuss the implications of the Supreme Court’s recent decision in Cardtronics and others v Sykes (VO).
June 01, 2020

Compulsory purchase in the time of coronavirus

Simon Randle, Vivienne Sedgley and Katharine Elliott analyse recent government guidance on compulsory purchase orders during the pandemic.
May 29, 2020

Planning and re-starting the housing market

Simon Randle, Vivienne Sedgley and Katharine Elliot analyse government measures to restart the housing market and how they impact on the planning system.
May 29, 2020

The no-nonsense guide to biodiversity net gain

Jonathan Easton and Constanze Bell break down the need-to-know aspects of biodiversity net gain (BNG) in their "no-nonsense" guide on the issue.
May 22, 2020

How does ADR help "to do better"?

In this second article John Pugh-Smith reviews the results of recent membership surveys of the Compulsory Purchase Association and the Planning and Environment Bar Association and their successful outworkings particularly in the fields of compulsory acquisition and statutory compensation.
May 20, 2020

Can planning meet the renewable energy challenge?

With experts saying that renewable energy could power an economic recovery from the Coronavirus, planning lawyers may soon be busy delivering renewable energy schemes. Philip Robson, Giles Cannock QC, Rebecca Williams, Chris Calvert and Peter Nesbit discuss.
May 13, 2020

Doing different and doing better

John Pugh-Smith considers how, more creatively, to ease the lockdown in a planning context.
May 12, 2020

Pretty Vacant: using vacant building credit

In the 8th episode of Kings Chambers' Planning Podcast, Matthew Stafford, Jonathan Easton, Piers Riley-Smith and Philip Robson consider how Vacant Building Credit may be used in response to the potential rise in vacant buildings during the COVID-19 crisis.
May 07, 2020

Coronavirus and completing Section 106 agreements

John Pugh-Smith examines some of the challenges around completing s.106 agreements during the coronavirus pandemic, and sets out some potential ways forward.
May 01, 2020

Section 106s and the 'technical traps' submission

John Pugh-Smith explores the inherent difficulties with the concept of the 'technical trap' in relation to s.106 agreements.
May 01, 2020

Planning enforcement orders, time limits and self-certification

Dr Alex Williams highlights an interpretation of Tanna v Richmond LBC that can be problematic for local authorities seeking to tackle breaches of planning control, and welcomes a ruling where a stricter approach was applied.
April 30, 2020

What COVID-19 means for enforcement

The Coronavirus has impacted enforcement of planning control in a number of ways. Harriet Townsend and Jack Parker explore how coronavirus has changed breaches of planning control, LPA investigative powers, enforcement action alongside other breaches.
April 27, 2020

What’s next for Scottish council powers on short term lets?

Rory Alexander examines the introduction of new powers for councils to tackle problems caused by the rapid growth of Airbnb-style holiday lets across parts of Scotland.
April 24, 2020

Planning enforcement and COVID-19

Richard Harwood QC considers how Covid-19 might impact upon Planning Enforcement and, in particular, the effect of interruptions on the ability to establish lawful use or breach of condition by the passage of time.
April 24, 2020

Environmental Statements during the coronavirus

John Barrett and Martin Carter look in-depth at an applicant's obligation to publicise Environmental Statements during the COVID-19 crisis.
April 20, 2020

Plan Making during COVID–19

David Manley QC and Piers Riley-Smith analyse publicity and consultation requirements in relation to plan making during the Coronavirus outbreak.
April 17, 2020

Relieving Community Infrastructure Levy during the outbreak of coronavirus

When dealing with requests for relief from community infrastructure levy liabilities due to the impact of the coronavirus on entities' financial positions, authorities need to consider the possible state aid concerns, writes Kelly Stricklin-Coutinho.
April 15, 2020

COVID-19 and housing delivery

Sasha White QC and Anjoli Foster examine the first Inspector decision to comment on the impact of the COVID-19 pandemic on housing delivery.
April 15, 2020

Focus on site notices

Sarah Reid and Constanze Bell examine the thorny issues around publicity for planning applications in the coronavirus outbreak.
April 07, 2020

Garden Cities, Regeneration and Compulsory Purchase Orders

This on-demand webinar, led by planning specialists Sarah Sutherland and Gary Soloman, covers key cases on consenting hurdles, the 2020 focus on standards including net gain and Living with Beauty and utilising CPO for garden cities and regeneration projects.