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Interpretation of s.106 agreements

Interpretation of s.106 agreements

The Court of Appeal has applied principles of construction of commercial agreements to planning obligations, in a case concerning mortgagee exclusion clauses. David Elvin KC and Tom Morris set out the key points.

July 31, 2026

Interpretation of s.106 agreements

News

London borough to become interested party in legal challenge over 850-home Peckham redevelopment refusal

August 06, 2026

Developer wins High Court statutory review challenge over highways impacts

August 06, 2026

Council to quash salmon farm permission over lack of environmental impact assessment

August 06, 2026

Claimants fail in legal challenge to permission for 185,000m² of warehousing on greenfield land

Aug 06, 2026

Supreme Court refuses to hear application for extension of time to appeal in Luton Airport expansion case

Aug 04, 2026

Judges dismiss legal challenge over grant of permission for new Chinese embassy

Jul 31, 2026

Court of Appeal order brings end to decade-long planning dispute over site of photography studio

Jul 30, 2026

High Court grants permission to house builders for challenge over Article 31 order by Transport Secretary on development site

Jul 30, 2026

Tottenham Hotspur academy permission quashed after council backs out of judicial review

Jul 27, 2026

High Court dismisses challenge to grant of permission for 250-home scheme despite lack of flood sequential test

Jul 27, 2026

Chief Planning Officer warns councils to act ahead of 31 October deadline for planning committee changes

Jul 24, 2026

High Court rejects challenge to adoption of West Suffolk local plan

Jul 23, 2026

City council loses appeal over mortgagee exclusion clauses and section 106 agreements

Jul 23, 2026

Mayor of London revises affordable housing quota decision following legal challenge

Jul 22, 2026

Planning minister intervenes in Basildon local plan

Jul 22, 2026

Minister urges planning inspectors to adopt pragmatic approach in respect of deliverability and viability when examining local plans

Jul 20, 2026

Government consults on extending judicial review reforms to major housing, transport and energy developments

Jul 17, 2026

High Court orders appeal over enforcement notice to be redetermined

Jul 16, 2026

Judge quashes grant of planning permission for extension over 45-degree rule

Jul 16, 2026

High Court rejects challenge to Forestry Commission tree planting decision

Jul 10, 2026

Council designates market as Asset of Community Value

Jul 09, 2026

Planning committee approves, rescinds and then defers decision in matter of minutes

Jul 09, 2026

High Court refuses permission for Oxford United stadium judicial review

Jul 07, 2026

Environmental group seek to appeal High Court ruling on Gatwick Airport second runway

Jul 06, 2026

Council calls for end to 1950s planning consents behind 'mega-shed' developments

Jul 06, 2026

HS2 tunnel extension lacked deemed planning permission, Court of Appeal rules

Jul 03, 2026

North Yorkshire retains legal counsel over airfield asylum accommodation plans

Jul 03, 2026

Minister writes to charging authorities on Community Infrastructure Levy and household developer exemptions

Jul 03, 2026

Court of Appeal rejects challenge to decision of planning inspector on outdoor advertising and discontinuance notice

Jul 03, 2026

Developer launches judicial review over planning inspectorate refusal of 850-home scheme

Jun 30, 2026

Government intervenes in draft local plan over UNESCO world heritage site concerns

Jun 30, 2026

London borough defeats High Court challenge over decision not to determine planning application

Jun 26, 2026

Reform council leader urges Government to revise housing target formula

Jun 26, 2026

Boroughs launch joint legal challenge against Mayor of London over affordable housing quota cut

Jun 24, 2026

Campaigners lose High Court challenges over expansion of Gatwick Airport

Jun 24, 2026

Planning Inspectorate issues guidance on new local plan-making system

Jun 24, 2026

Magistrates' Court upholds nuisance finding over “explosive” noises from padel courts

Jun 24, 2026

Court of Appeal to hear appeal by council in mortgagee exclusion clause case

Jun 22, 2026

Planning Court judge rejects challenge by council over application of ‘exception test’ in flood risk case

Jun 19, 2026

Research finds significant variation in planning decisions being overturned after council refusal

Jun 19, 2026

Regulator calls for time for BNG requirements to bed down amid concern over further changes

Jun 18, 2026

Council revises planning document for 4,000 home scheme following judicial review threat

Jun 16, 2026

Councils to explore legal options after Government revokes planning powers

Jun 16, 2026

Must read

Cyber Security and Resilience Bill: Why Local Authorities Cannot Afford to Wait

The UK Government’s proposed Cyber Security and Resilience Bill is likely to mark a significant shift in regulatory expectations. Jonathan Askin, Partner at Hugh James, explores the reasons why.

Cyber Security and Resilience Bill: Why Local Authorities Cannot Afford to Wait

Features

Certificates of Appropriate Alternative Developments – the cancelled scheme world

Certificates of Appropriate Alternative Developments – the cancelled scheme world

July 31, 2026

David Richardson considers how the ‘cancelled scheme world’ principle applies to CAADs, and how to treat planning policies influenced by the underlying scheme.

Lessons from the Brockwell Park judicial review litigation

Lessons from the Brockwell Park judicial review litigation 

July 24, 2026

Kaileigh Moreton and Chay Clark consider the key issues and the practical points for local authorities arising from the litigation over the use of Brockwell Park in London.

The exceptions to inappropriate development in the Green Belt

The exceptions to inappropriate development in the Green Belt

July 23, 2026

The High Court (Administrative Court, Planning Court) has dismissed a statutory challenge to a planning decision concerning inappropriate development in the Green Belt, providing useful guidance on the exceptions to inappropriate development in the Green Belt and the concepts of Green Belt openness and Green Belt purposes, writes Ben Fullbrook.

Are Minerals still “essential”?

Are Minerals still “essential”?

July 17, 2026

Robert Walton KC analyses whether the Government is cooling on the importance of minerals.

Draft planning committee reports: sharing is caring

Draft planning committee reports: sharing is caring

Jul 16, 2026

Assessing logistics proposals

Assessing logistics proposals

Jul 16, 2026

Minerals webinar series - Part 1: Minerals plan-making: the next phase

Minerals webinar series - Part 1: Minerals plan-making: the next phase

Jul 14, 2026

When is a dwellinghouse not a dwellinghouse?

When is a dwellinghouse not a dwellinghouse?

Jul 10, 2026

Roles for members in the new delegated arrangements for planning decisions

Roles for members in the new delegated arrangements for planning decisions

Jul 03, 2026

Planning enforcement and lawfulness cases

Jul 03, 2026

Route 62A

Jun 25, 2026

Streamlining the planning system: the new National Delegation Scheme

Jun 11, 2026

Keeping up: JR changes, deadlines

Jun 11, 2026

Applying the principles in Holborn Studios

Jun 11, 2026

Refusal to take planning enforcement action

Jun 05, 2026

Building Liability Orders (BLOs) – Crest Nicholson v Ardmore

Jun 04, 2026

Look, no hands

May 29, 2026

Cyber Security and Resilience Bill: Why Local Authorities Cannot Afford to Wait

May 20, 2026

Household waste sites and national landscapes

May 15, 2026

The (further) perils of failing to comply with service requirements

May 13, 2026

Avoiding duplication between planning and licensing

Apr 27, 2026

Urban development – helping overcome obstacles

Apr 24, 2026

Titchfield Festival Theatre - the new chapter. Or not, as it happens

Apr 17, 2026

Permission for Take Off: £205m Cardiff Airport Subsidy Authorised by the CAT

Apr 16, 2026

Webinars

Minerals webinar series - Part 1: Minerals plan-making: the next phase

Watch Landmark Chambers' first part of its Minerals webinar series, recorded on 8 June 2026.

Boundary line lessons from White v Alder [2025] EWCA Civ 392

The Planning and Infrastructure Bill – what’s in, what’s out and will it work?

Planning Case Law Update

Local Authority Insight Series: Regeneration and the local authority estate

Construction Law Update

Section 106 and Community Infrastructure Levy Update

Sponsored articles

Walker Morris supports Tower Hamlets Council in first known Remediation Contribution Order application issued by local authority

Walker Morris has supported Tower Hamlets London Borough Council (LBTH) in issuing what is believed to be one of the first Remediation…

Jobs

Camden Oct 25 HL (2)

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Peterborough July 26 SLPH (2)

NNants July 26 SLC (2)

Warwickshire July 26 SBCC (2)

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Stratford Aug 25 LCP

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Stratford Aug 25 LP (2)

Essex July 26 SHE (2)

Deputy Principal - Property

£60,637 - £64,412 per annum

Specialist Property Lawyer

£60,637 - £64,412 per annum

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£48,226 - £52,413 per annum

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£41,771 - £45,091 per annum

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