While we scratch our heads over CIL and s 106, I cam across a 16th century story last week that made me think that I might have found one of the oldest "planning" agreements in England.
Robert Gybson, a "wealthy beer brewer" from Norwich had an ornate conduit erected in 1577 to provide public access to water from a well. The public had previously used a lane to gain access to the well. Gybson closed the lane to build a new brewery on the understanding that he "...at his proper costs and charges in a conduit or cock of lead bring the water ... up to the street for the ease of the common people..."
The obligation clearly relates to the ancient commom law relating to highways, but it sounds very reminiscent of our current preoccupation of making sure that issues raised by develoments are resolved by appropriate (statutory) agreements.
Any earlier offers?
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