ABSTRACT

In Part One, we argued that the practice of negotiating development obligations through the planning system is increasing in scale and significance. We have also identified considerable controversy and confusion over what is the proper scope and content of obligations and other forms of development impact mitigation. This chapter examines evidence from practical examples. Chapter 4 provided one ‘window’ on practice through the cases which have come to the attention of the courts. Most cases, of course, do not. This chapter looks at the available empirical evidence on practice in England to address the following questions: 1. What is the scale of the negotiation of obligations, particularly through

planning agreements, in relation to applications for planning permission generally, and how has this changed?