Planning Agreements; Planning Obligations; and the Community Infrastructure Levy

2019 ◽  
Author(s):  
Ashley Bowes
Keyword(s):  
Local Planning ◽  
Statutory Authority ◽  
The Town ◽  
Country Planning ◽  
Community Infrastructure

Planning obligations are a development from the power first given to local planning authorities by s 34 of the Town and Country Planning Act 1932 to enter into planning agreements with landowners for regulating the development or use of their land. From that Act, the power found its way into the Town and Country Planning Act 1947; and thence into the Town and Country Planning Act 1971 as s 52. On the consolidation of planning legislation in 1990, s 52 of the 1971 Act was replaced by s 106 of the Town and Country Planning Act 1990 as the new statutory authority for the power to enter into planning agreements. Now, following the passing of the Planning and Compensation Act 1991, the original s 106 of the 1990 Act has been replaced in its entirety by new ss 106, 106A, and 106B which have been inserted into the 1990 Act in its place. The replacement sections also introduced new arrangements and new terminology. From 25 October 1991, the power to enter into a ‘planning agreement’ under the 1990 Act was repealed and replaced by the power to enter into a ‘planning obligation’.

The Control of Outdoor Advertisements

2019 ◽  
Author(s):  
Ashley Bowes
Keyword(s):  
Public Safety ◽  
State Power ◽  
Local Planning ◽  
Secretary Of State ◽  
The Creation ◽  
The Town ◽  
Country Planning

The source of the power to control advertisements is found in ss 220 to 225 of the Town and Country Planning Act 1990 (the 1990 Act). Section 220 gives the Secretary of State power to make regulations for restricting or regulating the display of advertisements, so far as it appears to him to be expedient in the interests of amenity or public safety. The present regulations are the Town and County Planning (Control of Advertisements) (England) Regulations 2007, SI 2007/783 (the Regulations). The Regulations update and improve the arrangements for controlling outdoor advertisements and make the control more responsive to rapidly changing forms of advertising. Circular 03/2007 further explains the legislation and provides guidance for local planning authorities and advertisers to help ensure that the system operates effectively. The latest Regulations also coincide with the creation of a database to enable local planning authorities to input and extract details of prosecutions and formal cautions against advertisers who unlawfully display advertisements alongside motorways and trunk roads. The database will also include details of persons guilty of fly-posting. It is hoped that this information will help to track down persistent offenders and ensure that fines reflect the seriousness of the offence.

scholarly journals Understanding the geography of affordable housing provided through land value capture: Evidence from England

Urban Studies ◽  
2021 ◽  
pp. 004209802199889
Author(s):  
Alexander Lord ◽  
Chi-Wan Cheang ◽  
Richard Dunning
Keyword(s):  
Affordable Housing ◽  
Theory And Practice ◽  
Land Values ◽  
Land Value ◽  
Local Planning ◽  
Development Activity ◽  
Value Capture ◽  
Dual Approach ◽  
The Right ◽  
Community Infrastructure

Governments the world over routinely undertake Land Value Capture (LVC) to recover some (or all) of the uplift in land values arising from the right to develop in order to fund infrastructure and public goods. Instruments to exact LVC are diverse but are usually implemented independently. However, since 2011 England has been experimenting with a dual approach to LVC, applying both a tariff-style levy to fund local infrastructure (the Community Infrastructure Levy) and negotiated obligations, used primarily to fund affordable housing (Section 106 agreements). In this article we employ a difference-in-differences (DID) method to identify the interaction of these two instruments available to local planning authorities. We explore the question of whether the Community Infrastructure Levy ‘crowds out’ affordable housing secured through Section 106 planning agreements. In so doing we show that the interaction of these two approaches is heterogeneous across local authorities of different types. This raises questions for understanding the economic geography of development activity and the theory and practice of Land Value Capture.

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