Tag Archives: section 106 agreement

Review of unviable affordable housing obligations to cease on 30 April 2016

Author: Matthew White, Partner and Head of Planning, London Developers with planning permission for residential development can currently apply to renegotiate affordable housing obligations which have become economically unviable.  However, this review mechanism will cease to be effective on 30 April … Continue reading

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Filed under Development, Planning

How to solve a housing crisis: commercial viability, land value and affordable housing

Author: Martyn Jarvis, Associate, Planning, Real Estate, London The UK is facing a housing crisis, most pronounced in London, and this is set to be a key factor in the forthcoming Mayoral elections.  Meanwhile, commercial viability is the talk of … Continue reading

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What to look forward to in 2016: Planning changes on the horizon

Herbert Smith Freehills' real estate development team are monitoring a number of areas of law likely to change during 2016.  Here is a summary of some key areas of change we expect in the field of planning (from a development perspective), … Continue reading

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Filed under Community Infrastructure Levy (CIL), Development, Housing and Planning Bill 2015 – 2016, Planning

Vacant Building Credit – abolished

In November 2014, the Government published a Ministerial Statement which outlined a policy known as 'vacant building credit' whereby buildings which were empty could be given a credit, equivalent to the vacant floorspace of the building, to be set against … Continue reading

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Section 106 monitoring payments not compliant with CIL regulations

A High Court Judge has ruled that the monitoring fees routinely added by local planning authorities to section 106 costs will not generally meet the test of ‘necessity’ required under the CIL regulations. For developers in the middle of section … Continue reading

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Filed under Community Infrastructure Levy (CIL), Development, Planning