National Infrastructure Assessment consultation - Law Society response
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.