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30 minutes of audio
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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.

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.
Specialist Difficulty: 5 of 5
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

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