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National Infrastructure Assessment consultation - Law Society response

10 January 2018

The Law Society's Planning and Environmental Law Committee recently responded to the National Infrastructure Commission’s consultation on their draft National Infrastructure Assessment.

The consultation sought views on a range of issues, only one of which - Question 11, concerning land value uplift capture through the planning system – fell within the committee’s remit.

Land value capture has seen a long history of ill-fated capture mechanisms in the UK, and the committee’s response was to caution the National Infrastructure Commission to learn from these before deciding to recommend a further attempt.

The committee also raised concerns about the commission’s view of Section 106 of the Town and Country Planning Act 1990, which is not intended as a method of capturing uplift in land values, but as a means of in mitigating development-specific impacts.