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Publication of the section 106 agreement
Publication of the section 106 agreement
Ms Naylor had been checking the LPA’s planning portal each morning to see when any decision and other relevant information would be published. It is common ground that the outline planning permission and the section 106 agreement were both published on the portal on 24 October 2024.
- Heading
- Introduction
- The Facts
- Objections to the proposals
- The 8 December 2022 committee meeting
- Events after the meeting of 8 December 2022
- The Greenfields case at first instance
- The section 106 agreement
- The decision challenged
- Publication of the section 106 agreement
- Pre-action correspondence
- The present challenge
- The first supplementary planning obligation
- The order granting permission on the third and fourth grounds
- The second supplementary planning obligation
- The combined provisions of SPO (1) and SPO (2)
- The Greenfields case in the Court of Appeal
- The application to add a fifth ground of challenge
- The Issues, Reasoning and Conclusions
- Third ground: taking future ecological surveys into account without sight of the relevant condition; or that the ecology conditions which were imposed were ineffective
- Fourth ground: taking into account an inaccurate Biodiversity Net Gain (BNG) assessment and/or issuing a decision notice without legally adequate provision to secure BNG
- Fifth ground (subject to permission to amend): failing to publish the section 106 agreement in accordance with article 40(3)(b) of the 2015 DMP Order, rendering the grant of planning permission invali
- Conclusions