Sharpe Pritchard

This Practice Note explains the rules applicable to public contracts that are excluded from the full public procurement regime under the Procurement Act 2023 (PA 2023) due to being below the relevant financial threshold. It outlines the arrangements and key considerations for the procurement of below-threshold contracts and the relevant parts of PA 2023 which still apply.

This Practice Note provides guidance on the circumstances when a contracting authority can vary its award criteria during a procurement procedure. It does so primarily with reference to procurement procedures run under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.

This Practice Note considers the duties on contracting authorities to identify and mitigate conflicts of interest in public procurements conducted under the Procurement Act 2023 (PA 2023), including the requirement for contracting authorities to confirm that a conflicts assessment has been carried out.

This Practice Note explains the rules applicable to public contracts that are excluded from the full public procurement regime under the Procurement Act 2023 (PA 2023) as a result of being a light touch contract. It outlines the relevant definitions, arrangements and key considerations applicable to light touch contracts and the relevant provisions of PA 2023 that still apply.

This Q&A considers whether, in a scenario where a developer enters into a section 278 agreement and the works covered are entirely within a highway running along the application site and the developer is the owner of the application site which has charges against it, the mortgagee should be a party to the agreement.

This Q&A considers whether there are any statutory rules or guidance on who must be notified of a planning application going to committee.

This Q&A considers whether one can amend or revoke a stopping up order made and under section 247 of the Town and Country Planning Act 1990 after it has been published, for example, in circumstances where an agreed condition has been missed off.

This Q&A considers the whether BNG requirements apply to deemed planning permissions.

This Q&A considers if an application to register common land within a pioneer area is made under paragraph 2 of Schedule 2 to the Commons Act 2006, can the relevant Registration Authority refuse to register as common land any parts of the land subject to the application that are public highway?

This Q&A considers whether there is a statutory prohibition against assignment of a 38 Highways Act 1980 agreement that means parties cannot contract to allow assignment subject to consent.

This Q&A considers whether the Limitation Act 1980 (LA 1980) applies to the enforcement of planning obligations.

This Q&A considers the meaning of 'repetition of similar works' in regulation 32(9) of the Public Contracts Regulations 2015.

This Q&A considers whether a decision of the Upper Tribunal on the interpretation of the National Planning Policy Framework is binding on courts other than the Upper Tribunal.

This Q&A looks at whether a roadway can form part of an individual property owner's registered title where it has been adopted by a local highway authority.