000			02082cam a2200289 4500
001			ABS66832
008			111219s2003 000 0 eng u
035			_a(Sirsi) u122646
100			_aParadissis, J.
245			_aPlanning agreements and EC public procurement law
260			_c2003
490			_aJournal of Planning and Environment Law _vJune 2003, 666-677(17)
520			_aExamines the recent European Court of Justice decision in "Ordine degli Architetti delle Province di Milano et Lodi and others v Commune di Milano and others" (C-399/98) which may have implications for important UK planning agreements. The case concerned the grant of planning permission for a large redevelopment and the subsequent payment of a fee in accordance with Italian planning law. The key issue was whether the contract agreed between the City of Milan and the developers was a public contract within the meaning of the Public Works Directive and it was held that an agreement to build infrastructure works instead of paying a financial sum for the grant of planning permission was a 'public works contract'. Although there is no statutory obligation to pay impact fees in Britain, the article explains in some detail how the Italian case can be applied to planning obligations under the Town and Country Planning Act 1990 s106, known as planning agreements or planning gain.
590			_aABS
650			_aPLANNING OBLIGATIONS
650			_aTOWN AND COUNTRY PLANNING ACT 1990 S106
650			_aITALY
650			_aPUBLIC WORKS CONTRACTS
650			_aEUROPEAN COURT OF JUSTICE
650			_aPLANNING AGREEMENTS
650			_aPLANNING GAIN
650			_aPUBLIC PROCUREMENT
650			_aORDINE DEGLI ARCHITETTI DELLE PROVINCE DI MILANO ET LODI AND OTHERS V COMMUNE DI MILANO AND OTHERS
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT
856			_uhttps://curia.europa.eu/juris/showPdf.jsf?docid=46535&pageIndex=0&doclang=EN&mode=doc&dir=&occ=first&part=1&cid=219466 _zView the judgment free of charge at http://curia.europa.eu
942			_n0
999			_c72879 _d72879