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Permission quashed where section 106 not published on planning register pre-decision; DMPO 2015 article 40(3)(b) demands early scrutiny; BNG safeguards central (Chidswell v Kirklees) (England)

Published on: 09 September 2025

Published by a LexisNexis Planning expert
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R (on the application of Chidswell Action Group) v Kirklees Council [2025] EWHC 2256 (Admin)

What are the practical implications of this case?

The High Court confirmed that, to satisfy article 40(3)(b) of the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 (2015 DMPO), any section 106 agreement must appear on the planning register before the authority issues the decision notice. Uploading it later the same day, or only after the permission is granted, will not do; publication has to be early enough to give objectors and other interested persons a genuine window to provide informed representations. The court emphasised that keeping the draft back while talks continued produced a serious transparency deficit, all the more so where biodiversity protections lay at the heart of the committee’s resolution. The judgment aligns with the Court of Appeal’s ruling in Greenfields, which confirmed that a failure to publish a section 106 in time is a fatal flaw typically leading to quashing. For local planning authorities, the practical takeaway is to programme publication of draft obligations into the decision timetable and to provide a meaningful period for public scrutiny before any permission is issued. For developers, ...

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