RTPI South West Planning Law Update with Burges Salmon 17 October 2018 Cathryn Tracey Stephen Humphreys

Transcription

1 RTPI South West Planning Law Update with Burges Salmon 17 October 2018 Cathryn Tracey Stephen Humphreys

2 Conditions and s106 agreements Stephen Humphreys

3 Planning conditions: new 2018 regulations The Neighbourhood Planning 2017 (Commencement No.5) Regulations 2018 The Town and Country Planning (Pre-commencement Conditions) Regulations 2018 Aimed at ensuring that planning conditions do not cause unnecessary delays to the delivery of new developments

4 Pre-commencement conditions What s changed? The basic position brought in to force is that planning permission for the development of land may not be granted subject to a precommencement condition without the written agreement of the applicant to the terms of the condition. However, planning permission may be granted subject to a precommencement condition without the applicant s written agreement if the applicant has been notified of the intention to impose a precommencement condition and has not responded by the date specified in the notice.

5 RTPI SW Planning Law Update Pre-commencement conditions Nuts and Bolts Notices must set out: The text of the pre commencement condition; The full reasons for the condition; The full reasons for the condition to be pre commencement; and Notice that a substantive response is to be received no later than the last of the period of 10 working days beginning with the date after the date on which the notice was given, which must be at least 10 working days. A time limit of longer than 10 working days could be agreed in writing by the applicant and the LPA.

6 Notices Failure to respond to a Notice If the applicant does not respond to the notice within ten working days the pre-commencement condition could be imposed. Agreeing or disagreeing to a Notice If the applicant responds but does not agree to the condition the LPA could amend it, remove it, or make it a post commencement condition. If none of these options would make the development acceptable, planning permission would potentially be refused, and the applicant would need to consider appealing the decision.

7 What s the reason for the changes? The thinking behind the new Regulations The changes are presented as a promotor friendly means of creating efficiency and speeding up the development process.

8 What does this mean in practice? Commentary What do industry experts make of this? How have the changes been received? Will it work?

9 NPPF Development contributions #55 conditions that are required to be discharged before development commences should be avoided, unless there is clear justification not quite what the legislation says so need added clear justification? #34 plans should set out the contributions expected from development re: ensuring the plan deals with viability at an early stage Consultation on CIL and s.106 results?

10 s.106s Community benefits Community benefits and their materiality in the decision making process. Two cases: R (oao Wright) v Forest of Dean District Council [2017] EWCA Civ 2102 Good Energy Generation Limited v SoS CLG [2018] EWHC 1270

11 Stephen Humphreys, Associate M +44 (0) T +44 (0) E stephen.humphreys@burges-salmon.com

12 This presentation gives general information only and is not intended to be an exhaustive statement of the law. Although we have taken care over the information, you should not rely on it as legal advice. We do not accept any liability to anyone who does rely on its content. Burges Salmon 2018