CIL Life

One of the many frustrating aspects of the Community Infrastructure Levy regime is the confusing and limited nature of any right to appeal, which is particularly concerning given the varying interpretations given to the Regulations by different collecting authorities. The first difficulty is working out what the appeal route in any particular situation is. Appeals … Continue reading “CIL Life”

An Update On CIL: Reform Promised, Meanwhile Continuing & Increasingly Expensive Uncertainties

Well done for getting past the heading. Someone recently asked me whether the Government ever changes its proposals as a result of a consultation process. For an example of just such a thing, I was able to point to the Government response to supporting housing delivery through developer contributions: a summary of consultation responses and … Continue reading “An Update On CIL: Reform Promised, Meanwhile Continuing & Increasingly Expensive Uncertainties”

Developer Contributions, CIL, Viability: Are We Nearly There Yet?

Bookends to this last week: On Monday 5 March 2018 the draft revised NPPF , accompanying consultation proposals document and the Government’s response to the housing white paper consultation were all published, as well as the two documents I’ll focus on in this blog post: – Supporting housing delivery through developer contributions: Reforming developer contributions … Continue reading “Developer Contributions, CIL, Viability: Are We Nearly There Yet?”

CIL: Haven’t Found What I’m Looking For

So now we know. We will all be continuing to scratch our heads over CIL.  My 25 March 2017 blog post CIL: Kill Or Cure? summarised the main October 2016 (but only published February 2017) recommendations of the CIL review team: “the replacement of the current system with a more standardised approach of Local Infrastructure … Continue reading “CIL: Haven’t Found What I’m Looking For”

CIL: Kill Or Cure?

If anyone doesn’t think that the Community Infrastructure Levy urgently needs reform, do read this 1 March 2017 VOA ruling on one of many thorny issues that arise constantly in practice: how to calculate indexation (as well as how to calculate chargeable floorspace) in relation to section 73 permissions that amend pre-CIL permissions. The copy of … Continue reading “CIL: Kill Or Cure?”

The Unfortunate Case Of The Council’s Sports Hub

It’s easy for a planning lawyer to summarise R (Boot) v Elmbridge Borough Council  (Supperstone J, 16 January 2017). The High Court confirmed what we already know from paragraph 89 of the NPPF – that “the provision of appropriate facilities for outdoor sport, outdoor recreation and for cemeteries, as long as it preserves the openness … Continue reading “The Unfortunate Case Of The Council’s Sports Hub”

Section 106 Agreements & Public Procurement

Faraday v West Berkshire Council (Court of Appeal, 14 November 2018) is essential reading for those advising on development agreements between local authorities and developers: the fact that the developer has the benefit of an option as to whether to take an interest in the relevant land and carry out the development does not prevent … Continue reading “Section 106 Agreements & Public Procurement”

Street Trees

DEFRA published its Protecting and enhancing England’s trees and woodlands consultation paper on 30 December 2018, with a deadline of 28 February 2019 for responses. The proposals include imposing new statutory duties on local authorities: ⁃ “a duty to consult on the felling of street trees” ⁃ “a duty to report on tree felling and … Continue reading “Street Trees”

Some Blog Post Postscripts

I’m conscious that these posts (this is the 149th) sometimes don’t age well – they try to capture a point in time and I don’t go back to change them unless I’ve got something really wrong or, worse still, there’s a misplaced apostrophe (they’re written on an ipad, on a train or at the kitchen … Continue reading “Some Blog Post Postscripts”