Section 106 Contributions

In Keane Property Limited v Secretary of State for Communities and Local Government (1 March 2012) a High Court judge criticised the practice of developers handing over cheques to local authorities for open spaces contributions  along with planning applications on the basis that the cheques are to be returned if the planning application is refused. The implication of the judge’s comments was  that the purpose of the delivery of the cheques might be seen as improper and that the correct course is to hand over a unilateral undertaking with the planning application.

If you wish to discuss any points arising from this blog or other issues relating to Section 106 Agreements please contact James Snaith at james.snaith@parissmith.co.uk