Getting s106 agreements right is important. Planning agreements sometimes turn out to be unenforceable which is embarrassing at the least and can make the planning permission void. Do we need them for s73 permissions as well? What about the revised restrictions in the Community Infrastructure Levy Regulations? What is the position of third parties?
David Brock, one of the draftsmen of the Law Society’s model s106 agreement, walks us through the issues including the recent decisions in Aberdeen v Elsick in the Supreme Court, R (oao Wright) v Forest of Dean in the Court of Appeal and R (oao Wet Finishing) v Taunton Deane on third beneficiaries.