In this session Trevor Ivory (Partner and UK Head of Planning) is joined by Pieter Claussen (Senior Associate) and Johanne Ward (Associate) to discuss points to note and potential pitfalls when entering into planning obligations under s106 Town and Country Planning Act 1990. Gordon Clark (Associate) provides useful insights into the differences and similarities in the system of planning obligations in Scotland under s75 Town and Country Planning (Scotland) Act 1997.
Cases referred to in this session are:
Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited (Scotland) [2017] UKSC 66 (25 October 2017) (bailii.org) – https://www.bailii.org/uk/cases/UKSC/2017/66.html
Tesco Stores Ltd v Dundee City Council (Scotland) [2012] UKSC 13 (21 March 2012) (bailii.org) – https://www.bailii.org/uk/cases/UKSC/2012/13.html
Redrow Homes Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 879 (Admin) (19 April 2023) (bailii.org) – https://www.bailii.org/ew/cases/EWHC/Admin/2023/879.html
Khodari, R (on the application of) v RB Kensington and Chelsea and Cedarpark Holdings Inc [2017] EWCA Civ 333 (11 May 2017) (bailii.org) – https://www.bailii.org/ew/cases/EWCA/Civ/2017/333.html
Camden appeal: APP/X5210/W/21/3284957 – Clink on the link to Appeal Decision 3284957.pdf to view the case – https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3284957
