Enforcement of Planning Obligations and Defences
- Podcast Location:
- Download it here [file size: 27.5 MB]
- Categories:
-
Planning
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast is aimed at planning law practitioners interested in the enforcement of planning obligations. Planning obligations are given under s.106 of the Town and Country Planning Act, usually as a condition of the granting of planning permission to mitigate the impact of development. Section 106 makes these obligations enforceable against a successor in title (subject to satisfying the formal requirements). In this podcast Thomas Jefferies, a barrister from Landmark Chambers will consider how these obligations are enforced by examining the remedies and potential defences available.
- Outcomes:
- After completing the course you will:
- Be aware of the relevant methods of enforcement of a s.106 planning obligation;
- Be aware of the approach courts will take towards the enforcement of s.106 agreements;
- Understand some of the limitations with the self help remedy;
- Understand when damages would be awarded for breach of a restrictive covenant;
- Know the circumstances in which a council would seek to enforce planning obligations by injunction and the potential defences available;
- Have considered the issues relevant to defending debt claims;
- Recognise some of the potential issues that arise out of s.106 agreements;
- Know how to determine the status of unspent money;
- Understand the application of contract, common law, trusts and public law principles to this area.
- Level:
- Specialist
- Classification:
-
Case Update
Legal Principles
Practical Guide
- Sources and References:
-
- Alfred McAlpine Construction Ltd v Panatown Ltd (No.1) [2001] 1 A.C. 518;
- Attorney General of Belize v Belize Telecom Ltd [2009] UKPC 10, [2009] 1 W.L.R. 1988;
- Avon County Council v Millard [1986] J.P.L. 21;
- Co–operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1997] 3 All ER 297;
- Erlanger v New Sombrero Phosphate Co (1873) 3 App Cas. 1218 at 1279;
- Hampshire County Council v Beazer Homes Ltd [2010] EWHC 3095;
- Hertfordshire County Council, North Hertfordshire District Council v Secretary of State for Communities and Local Government [2011] EWHC 1572 (Admin);
- Hertsmere Borough Council v Brent Walker Group [1994] 1 PLR 1, Jelson Ltd v Derby [1999] 3 EGLR 91;
- J.A.Pye (Oxford) Ltd v South Gloucestershire DC [2001] 2 PLR 66, CA Jelson v Derby [1999] 3 E.G.L.R. 91;
- Jeune v Queens Cross Properties Ltd [1974] 1 Ch 97;
- London Borough of Waltham Forest v Oakmesh Limited, Family Mosaic Housing [2009] EWHC 1688 Ch;
- Mayor, Aldermen, and Burgesses of Wolverhampton v. Emmons [1901] 1 Q.B. 515;
- Millgate v Wokingham Borough Council [2011] EWCA Civ 1062;
- Molestina v Ponton [2002] 1 Lloyd's Rep. 271;
- Nweze v Nwoko [2004] EWCA Civ 379;
- Patel v Brent [2005] EWCA Civ 644;
- Pell Frischmann v Bow Valley Iran Limited [2009] UKPC 45;
- R v S Northants ex p Crest Homes plc [1994] 3 PLR 47;
- Specific Performance (Jones and Goodhart);
- Stroude v Beazer Homes [2006] 2 E.G.L.R. 115;
- Tesco Stores v Secretary of State [1995] 1 WLR 759;
- Warmington v Miller [1973] QB 877;
- Wimpey Homes Ltd v Secretary of State for the Environment [1993] 2 PLR 54;
- Wolverhampton Corp v Emmons [1901] 1 KB 515;
- Wroth v Tyler [1974] Ch 30;
- WWF v World Wrestling Federation Entertainment Inc [2008] 1 WLR 445, CA;
- Wychavon v Westbury Homes (Holdings) Ltd [2001] P.L.C.R. 13.
In this podcast Thomas Jefferies, a barrister from Landmark chambers discusses the enforcement of planning obligations under s.106 of the Town and Country Planning Act 1990.
Date added: 02/11/11
Podcast last reviewed: 2012-05-01
