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Planning law weekly: key judgments on section 106 publication, prior approval (heritage/woodland) and ecological disclosure; NSIP guidance and Simister Island DCO; Crown Development updates; climate adaptation—11 September 2025

Published on: 11 September 2025

Published by a LexisNexis Planning expert
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In this issue

  • Planning conditions, obligations and CIL
  • When planning permission is needed
  • Securing, varying and implementing planning permission
  • Planning for nationally significant infrastructure
  • Planning policy
  • Daily and weekly news updates
  • New and revised content
  • New Q&As
  • Related documents

Planning conditions, obligations and CIL

Court quashes permission where section 106 agreement not published pre-decision (Chidswell Action Group v Kirklees Council)

In Chidswell Action Group v Kirklees Council [2025] EWHC 2256 (Admin), the High Court set aside the permission because the local planning authority did not publish the section 106 agreement before issuing the decision notice, breaching the DMPO 2015 and denying the public a fair chance to comment. Building on Greenfields [2024] EWHC 2107 (Admin), the ruling reinforces that developers and LPAs must ensure draft obligations are made available in good time for scrutiny, or they risk permissions being overturned. The court confirmed that, to comply with article 40(3)(b) of the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 (DMPO 2015), a section 106 agreement must appear on the planning register before the decision notice is released...

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