MPs vote for amending Section 70 of the Town and Country Planning Act 1990

MPs have voted in favour of amending Section 70 of the Town and Country Planning Act 1990 (determination of applications for planning permissions: general considerations) to make "any local finance considerations" material to an application. This has led to concerns that it will open the door to the sale and purchase of planning permissions, which has never been allowed under the planning system. Ministers have stated that the change does not change the law in any way and is to reflect the introduction of community infrastructure levy  and to reflect the fact that other "rebates to the local community" can be used for planning purposes.

Whatever the Ministers say, this is likely to be a controversial change and it can be anticipated that it will be a fertile area for legal challenges in its early days at least.

For more information please contact Deborah Sharples on 01223 461155 or by email.