Developers should beware the recent court of appeal decision in David Richards and Aspin LJJ. In it the developer was caught by an overage obligation triggered by permitted development rights. Unfortunately despite the permitted development rights applying (in the case it was in relation to an office to residential development scheme) the developer was unable to commence development due to lack of building control.

This case is a good reminder that planning related overage mechanisms should also pick up other necessary consents required to implement the planning trigger.