A requirement in a planning permission that a property developer enter into an obligation that future occupiers of a building would not apply for a residential parking permit is not capable of being a planning obligation under Section 106 of TCPA 1990. Use of the highway for parking was not use of land in which the person making the agreement was interested. (However, it was legally valid under a Greater London Council (General Powers) Act.) So held in R (Khodari) v Kensington & Chelsea RLBC (2017) EWCA Civ 333.
Subscribe
Get an email when we publish a new post on this blog. We’ll never share your email and you can unsubscribe any time. Our use of your details is explained in our privacy policy.
"*" indicates required fields
Headings
- Best Value (13)
- Capital Finance and Companies (54)
- Council Tax and Rates (74)
- Decision making and Contracts (264)
- Elections and Bylaws (33)
- Environment, Highways and Leisure (117)
- General (17)
- Housing (147)
- Human Rights and Public Sector Equality Duty (104)
- Judicial Control, Liability and Litigation (218)
- Land, Goods and Services (73)
- Local Authority Powers (74)
- Non Judicial Control (21)
- Planning and Environmental (153)
- Social Care (74)
- Standards (23)
Disclaimer
This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.
Comments are closed.
11KBW, 11 King’s Bench Walk, Temple, London EC4Y 7EQ | Tel: 020 7632 8500
Privacy | Terms & Conditions | © 11KBW 2024
Privacy | Terms & Conditions | © 11KBW 2024