Introduction
In this blog post, we discuss some recent practical developments concerning the publication of Section 106 agreements and Community Infrastructure Levy (CIL) appeals determined by the Valuation Office Agency (VOA)
Publication of Section 106 agreements
There has long been a legal duty placed on Local Planning Authorities (LPAs) under Article 40(3)(b) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 to publish on their planning registers details of Section 106 agreements for planning applications and in practice we commonly see completed Section 106 agreements (but rarely drafts) published on an LPA’s online planning register
However, the recent Court of Appeal case of Greenfields (IOW) Ltd, R (On the Application Of) v Isle of Wight Council & Anor [2025] EWCA Civ 488 has discussed whether the failure to publish a Section 106 agreement before planning permission is granted would result in a breach of this legal duty which would in turn result in the planning permission granted being unlawful
A link to the full case is here: https://www.bailii.org/ew/cases/EWCA/Civ/2025/488.html
In this case, neither a draft or completed Section 106 agreement had been published on the LPA’s planning register before planning permission was issued. A further complication arose in that the planning committee’s resolution to grant planning permission was subject to the prior completion of the Section 106 agreement with one of the heads of terms to be a financial contribution for highway works to be carried out, however no amount was specified and the amount included in the completed agreement was substantially less than the developer’s stated anticipated costs for these works
Thankfully, the Court did not hold that the failure by an LPA to publish a Section 106 agreement on its planning register before planning permission is granted would always result in the grant of planning permission being unlawful, however the Court held that depending on the facts of the particular case in certain cases it may
The practical consequences of this Court decision are that an LPA should ideally be publishing a copy of a final draft and/or completed Section 106 agreement on its planning register before a planning permission is granted, particularly where any published officer’s / committee report does not already sufficiently summarise the proposed contents of the agreement
CIL Appeals determined by the VOA
The VOA is the Government’s arm’s-length body responsible for valuing properties for council tax and business rates, but also for determining some types of CIL appeals
On 28 April 2025, the Government announced that as part of its drive to slash red tape, increase oversight and ministerial accountability and rewire Whitehall to be more productive and agile, the VOA will be abolished as a separate body and brought under HM Revenue & Customs by April 2026
A full copy of the announcement can be found at the following link
Note: all comments and views expressed in this blog are merely opinions and provided for information purposes only and do not constitute legal advice which can be relied upon. Should you require legal advice on a matter then please contact us
