Friday, April 12, 2013

Invalid Planning Agreements – Secretary of State’s decision quashed because the s.106 wasn’t a s.106. « thedavidbrockblog

Invalid Planning Agreements – Secretary of State’s decision quashed because the s.106 wasn’t a s.106. « thedavidbrockblog:

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Very interesting and a lesson for all concerned, for my sins I took a dislike to the way some LPAs impose local occupancy restrictions via S106 and now spend half my time taking them apart, sometimes with the assistance of a planning inspector who in my opinion should engage a lawyer such as yourself.
Is an occupancy restriction a planning obligation?
Are price and tenure controls a planning obligation?
Would anybody like to read some of the agreements I am sent by owners who struggle to sell or buy these dwellings?