All wrong

In It’s not fair the Blog criticised the lack of consistency between two appeal decisions (DCS Numbers 400-010-764 and 400-012-610), involving the imposition of conditions requiring planning obligations. The first inspector had decided that it was acceptable to attach a condition requiring a planning obligation in order to ensure that the development was car-free, the second inspector decided that it was not, due to conflict with the PPG.

Turns out, following R (Khodari) v Royal Borough of Kensington and Chelsea [2017], that neither inspector had it quite right. The Appeal Court judge in this case noted that section 106 requires restrictions placed “on land” to be used in a specific way. In his view, this has to mean land in which the individual making the agreement has an interest. It could cover land beyond the application site where there is a direct relationship, but does not extend to restricting parking on the public highway.

The following DCP chapter is relevant: 10.31

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