The Supreme Court has ruled that it is unlawful for a planning authority to impose a condition on the grant of planning permission requiring the developer to dedicate land within the development as public highway. Instead, any requirement for dedication should be in a s106 obligation.
The case of DB Symmetry Ltd and another v Swindon Borough Council 2022 UKSC [33] involved a disputed positive condition requiring dedication (although, as the condition was badly worded, its precise effect was in dispute) so the question of whether a negative Grampian-style condition would also be unlawful was not dealt with by the Court. However there must be some doubt on that point. Part of the Court’s reasoning was that there is a distinction to be drawn between requiring dedication in a condition (which is imposed on the applicant for permission) and a s106 obligation (to which the applicant agrees). Leaving aside the obvious point that the if the applicant will not agree to the obligations the LPA requires he risks not getting his planning permission, the Court’s reasoning seems to indicate that ANY condition requiring dedication could be deemed unlawful. In light of the judgement, we would advise our clients (especially our local authority clients) to always ensure requirements to dedicate land as highway are contained in a s106 obligation rather than a condition.
ABOUT DJB:
DJB is a national law firm that specialises entirely in real estate. The firm has offices in London, Manchester and Birmingham ensuring truly national coverage. The firm is renowned for its high quality legal work and service.
We only recruit experienced lawyers with excellent calibre. As a result, our legal team of around 50 lawyers have an average post-qualification experience that exceeds 20 years. Most have joined us from other City firms, in-house departments and/or senior roles. Our lawyers have advised some of the UK’s most significant land owners including Barclays Bank, HSBC, Credit Suisse, Rolls Royce, The Royal Parks, The Cabinet Office and The Crown Estate. This focus on quality only has led to a 50% male and female Partner rate.
All of our clients are provided with a dedicated client care professional at no extra charge, which ensures that they receive the highest standard of service at all times.
DJB is regularly selected to advise on high profile projects such as the hosting of the London 2012 Olympic Games by The Royal Parks and the first Sukuk Bond to be entered into by a Western Government on behalf of HM Treasury. Based in London at The Shard and also Manchester, Birmingham and Taunton, DJB has a national presence.
The firm enjoys top tier rankings in all of the main directories, as well as receiving many awards.
Comentários