Retailers and planning gain: the rights and wrongs and what is to be done about them
Crow, Stephen
Retailers and planning gain: the rights and wrongs and what is to be done about them - 2003 - Journal of Retail and Leisure Property 3(3) December 2003, 261-274(14) .
Considers the unsatisfactory status and effect of planning gain in respect of retail development. Outlines the evolution of two opposing views of planning gain - the unfettered taxation or get what you can camp and the logical nexus camp. Suggests that a lack of legal direction is the reason why practitioners are so little in agreement on this matter and reviews this area of planning law. Examines policy developments in respect of planning gain since 1981, culminating in the DTLR consultation "Reforming planning obligations: delivering a fundamental change" of December 2001, which was received unfavourably and whose proposals were acclaimed as a tax on development value. Looks at the possible need for changes in the law and summarises what options are open to a retail developer faced with exorbitant demands for planning gain. References.
ABUSE OF PROCESS
SAFEWAY PROPERTIES V SOS ENVIRONMENT
TESCO STORES LTD V SOS ENVIRONMENT & ANOR
R V PLYMOUTH CITY COUNCIL EX P PLYMOUTH AND SOUTH DEVON CO-OPERATIVE SOCIETY LTD
R V SOUTH HOLLAND DC EX P LINCOLN CO-OPERATIVE SOCIETY LTD
TOWN AND COUNTRY PLANNING ACT 1990 S106
RETAIL DEVELOPMENT
PLANNING OBLIGATIONS
PLANNING GAIN
Retailers and planning gain: the rights and wrongs and what is to be done about them - 2003 - Journal of Retail and Leisure Property 3(3) December 2003, 261-274(14) .
Considers the unsatisfactory status and effect of planning gain in respect of retail development. Outlines the evolution of two opposing views of planning gain - the unfettered taxation or get what you can camp and the logical nexus camp. Suggests that a lack of legal direction is the reason why practitioners are so little in agreement on this matter and reviews this area of planning law. Examines policy developments in respect of planning gain since 1981, culminating in the DTLR consultation "Reforming planning obligations: delivering a fundamental change" of December 2001, which was received unfavourably and whose proposals were acclaimed as a tax on development value. Looks at the possible need for changes in the law and summarises what options are open to a retail developer faced with exorbitant demands for planning gain. References.
ABUSE OF PROCESS
SAFEWAY PROPERTIES V SOS ENVIRONMENT
TESCO STORES LTD V SOS ENVIRONMENT & ANOR
R V PLYMOUTH CITY COUNCIL EX P PLYMOUTH AND SOUTH DEVON CO-OPERATIVE SOCIETY LTD
R V SOUTH HOLLAND DC EX P LINCOLN CO-OPERATIVE SOCIETY LTD
TOWN AND COUNTRY PLANNING ACT 1990 S106
RETAIL DEVELOPMENT
PLANNING OBLIGATIONS
PLANNING GAIN