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Planning Update

January 2020

PLANNING PERMISSION CANNOT BE BOUGHT FOR CASH

In R (ex parte Wright) v Resilient Energy Severndale Ltd and Forest Dean DC 2019 the Supreme Court has confirmed the established principle that planning permission cannot be bought by making an offer of cash that is not connected to the planning considerations. In this case a wind farm developer offered cash payments to a local community fund which the local planning committee took into account when decided to grant planning permission. The court confirmed that such an offer is a material consideration in a planning decision if the consideration does not serve a planning purpose relating to the consented use of the land.

DEALING WITH OLD S.52 TOWN AND COUNTRY PLANNING ACT1972 DEVELOPMENT RESTRICTIONS

If you have development land affected an old s.52 planning agreement made under the now repealed Town and Country Planning Act 1971 which otherwise restricts development, a landowner can apply to the Upper Tribunal (Lands Chamber) to modify  or remove restriction using s 84 of the Law of Property Act 1925.

In Payne v Maldon District Council 2019 Mr Payne had secured outline planning permission for a development of 30 houses. However, a restriction in a section 52 agreement from 1984 made between the council and a previous owner prevented the erection of "any permanent buildings or structures" on the land.   However the Council would not agree to remove the restriction voluntarily to permit the development it had authorised by the outline permission. The applicant applied to the UT relying on the ground (aa) that the covenant impeded some reasonable use of the land and did not secure any practical benefit of "substantial value or advantage" to the council. Mr Payne succeeded, but rather than a blanket discharge, the UT modified the restriction to permit the proposed development authorised by the outline consent.

For more information on planning issues please contact cbarritt@prettys.co.uk

Claire Barritt

Senior Associate

e cbarritt@prettys.co.uk

t 01473 298335

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