Maintaining permission

Article Abstract:

Planning permission usually has a stipulation work must be carried out within five years, under English and Scottish law. The work must include 'material operation.' Developers are obliged to carry out some work but it can be limited. Work must not be done with the sole purpose of retaining planning permission. Judges hearing a case in East Dunbartonshire, Scotland, decided the reason behind a developer carrying out work on a piece of land was irrelevant. Cases heard in the English courts had considered the motive behind a developer starting minor works on land with planning permission.

Urban Planning & Develop-State, Interpretation and construction, Cases, Scotland, England, Land law, City planning and redevelopment law

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Planning formalities

Article Abstract:

A case heard in the UK courts has implications for agreements involving the construction of affordable housing on new developments. The ability of the local authorities to enforce agreements under section 106 of the UK Town and Country Planning Act 1990 is questionable. The transfer of land to a third party within a planning agreement between the local planning authority and a developers must meet with provisions in section 2 of the UK Law of Property (Miscellaneous Provisions) Act 1989. Requiring housing developers to include affordable housing within a development is common practice.

Residential Buildings, Residential Building Construction, Construction industry, Residential construction, Housing development

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Planning gain's dangerous side

Article Abstract:

The UK planning process includes a concept known as planning gain where local planning officials and developers work out an agreement which will allow the development to proceed. The negotiated agreement usually entails the developer providing an additional building or facilities for community use. Some observers suggest that the secrecy involved in the meetings excludes the community. The new Labour government may completely reform the planning process and make it more open to public scrutiny.

Urban Planning & Develop-Local, Management, Column, City planning, Planning

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