Tuesday 24 February 2015 3.36pm
True that the Winchester case only refers to a JR which is an error of law/process, in this case, an error of procurement law. Nothing to do with planning as such.
It might perhaps be applicable elsewhere where councils procure a development partner on one basis who then doesn't build in line with that procurement, but it would depend on finding out how the partner is procured, which tends to be absolutely commercially confidential.
The lengths LPAs will / are expected to go to in order to facilitate the building of lots of homes (especially in London where the Mayor sets mandatory targets), and get S106 monies, are such that they probably can't be said to be simply reactive in their approach to dealing with major residential applications. A developer with a site in a good location, like Blackfriars Bridge
Road, will find out what the council's plans are, influence planning policy during the public consultations on that policy, discuss with officers how many homes could be built and what contributions could arise, and do the same with GLA if a very big site. All that would be well before a planning application; by the time the application is submitted the key principles will probably be understood to be agreed.