Modification and Discharge of Planning Obligations
- Podcast Location:
- Download it here [file size: 28.5 MB]
- Categories:
-
Planning
- CPD Points:
- Up to 1 point. details »
Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:
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:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- a) £65+VAT for this CPDcast only
- b) £299+VAT for unlimited access to all of our podcasts. details »
- c) Discounts for multiple users - call +44 (0) 20 3377 3901 now to speak to our sales team
- 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
- 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.
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.
