Impact of the public procurement regime on development agreements
A note on the public procurement issues arising from local developments. The note considers the ECJ and UK case law. It also includes detailed guidance on the risk of the regime applying to agreements pursuant to section 106 Town and Country Planning Act 1990, under which a developer accepts obligations imposed by a local planning authority to undertake work as a condition of the grant of planning permission.
This note considers the regime under the Public Contracts Regulations 2006 (SI 2006/5). Although the 2006 Regulations have been superseded by the Public Contracts Regulations 2015 (SI 2015/102), which regulations came into force on 26 February 2015, the 2006 regime will still apply to procurements commenced while it was in force and the case law decided under the 2006 regime will remain relevant to the 2015 regime.