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.
We are reviewing this note following the publication of the Public Contracts Regulations 2015 (SI 2015/102), which will come into force on 26 February 2015.