Podcast Location:
Download it here [file size: 28.5 MB]
Categories:
Planning
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast discusses the modification and discharge of planning obligations governed by s.106A of the Town and Country Planning Act 1990. This is a particularly poignant area in the current economic climate with developers showing a greater interest in looking at ways of minimising their liabilities under existing planning obligations and local authorities concerned to ensure that developers are held to their word unless there is a sufficiently compelling and lawful justification for revisiting those obligations. This podcast will consider the circumstances in which a developer can apply to modify or discharge a planning obligation, the procedure to be followed and the principles to be applied when determining whether a planning obligation may be modified or discharged.

Outcomes:
After completing the course you will:
  • Know the circumstances in which a developer can apply to modify or discharge a planning obligation;
  • Be aware of the procedure to be followed;
  • Understand the principles to be applied in considering whether a planning obligation “no longer serves a useful purpose” or “continues to serve a useful purpose but would serve that purpose equally well if it had effect subject to the modifications specified in the application".
Level:
Specialist Difficulty: 5 of 5
Classification:
Introduction
Legal Principles
Practical Guide
Sources and References:
  • Anisminic Ltd. v. Foreign Compensation Commission [1969] 2 A.C. 147;
  • Oxford City Council v. SSCLG [2007] EWHC 769 (Admin);
  • R (Batchelor Enterprises Ltd.) v. North Dorset DC [2004] J.P.L. 1222;
  • R (Garden & Leisure Group Ltd.) v. North Somerset Council [2004] 1 P. & C.R. 39;
  • R (Millgate Developments Ltd) v. Wokingham BC [2011] EWCA Civ 1062;
  • R (Renaissance Habitat Ltd.) v. West Berkshire DC [2011] J.P.L. 1209;
  • Tesco Stores Ltd v. Secretary of State for the Environment [1995] 1 W.L.R. 759;
  • Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992;
  • Town and Country Planning Act 1990.
Tags:

In this podcast, Charles Banner, a barrister from Landmark Chambers discusses the modification and discharge of planning obligations governed by s.106A of the Town and Country Planning Act 1990.

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