The Council complained that the builder had not fulfilled its obligations under a section 106 agreement. Judges: Purle QC J Citations: [2011] EWHC 3548 (Ch) Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 20 October 2022; Ref: scu.452974
The developer appealed against refusal of an order releasing it from undertakings given to the local authority under section 106. Judges: Pill, Rimer, Munby LJJ Citations: [2011] EWCA Civ 1062 Links: Bailii Statutes: Town and Country Planning Act 1990 106(1) Jurisdiction: England and Wales Planning Updated: 20 September 2022; Ref: scu.444598
Judges: Mr Justice Bourne Citations: [2020] EWHC 3529 (QB), [2020] WLR(D) 698 Links: Bailii, WLRD Statutes: Town and Country Planning Act 1990 106(1) Jurisdiction: England and Wales Land, Planning Updated: 03 September 2022; Ref: scu.656925
The court considered the availability, in private law proceedings between non-contracting parties, of a declaration on the meaning and effect of a planning obligation in a deed made pursuant to provisions in the planning legislation. Judges: Mummery, Moore-Bick, Jackson LJJ Citations: [2011] EWCA Civ 270 Links: Bailii Statutes: Town and Country Planning Act 1990 106 … Continue reading Milebush Properties Ltd v Tameside Metropolitan Borough Council: CA 17 Mar 2011
The claimant sought judicial review of the defendants refusal to release it from a unilateral undertaking they had given. Judges: David Pearl J Citations: [2011] EWHC 6 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 106(1) Jurisdiction: England and Wales Planning Updated: 31 August 2022; Ref: scu.428075
Claim for a declaration as to the meaning of an agreement made under section 106 of the Town and Country Planning Act 1990 Judges: Swift J DBE Citations: [2010] EWHC 3095 (QB), [2011] PTSR D8 Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 18 August 2022; Ref: … Continue reading Hampshire County Council v Beazer Homes Ltd: QBD 29 Nov 2010
The parties disputed what was due to be paid under a section 106 agreement. Judges: Ouseley J Citations: [2011] EWHC 242 (Admin) Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 03 August 2022; Ref: scu.429686
Interpretation of section 106 agreements. Citations: [2008] EWHC 916 (Ch), [2008] JPL 1440, [2009] 1 P and CR 5 Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Planning Updated: 18 July 2022; Ref: scu.267363
Section 2 of the 1989 Act had to bite at the point where a party could be compelled, in certain circumstances, which could or could not come about, to sell or dispose of an interest in land. The agreement here contained in effect an option for the council to nominate a housing association to which … Continue reading Jelson Ltd v Derbyshire County Council: CA 1 Aug 1999
Judges: Hart J Citations: [2004] EWHC 763 (Ch) Links: Bailii Statutes: Town and Country Planning Act 1990 106 Jurisdiction: England and Wales Local Government, Planning Updated: 30 June 2022; Ref: scu.226165
Mr S asserted a right as against the builders under a section 106 agreement. The builder said that evidence of what had occurred as a background to the agreement should be admitted. The parties had requested the judge to decide as a preliminary issue on the admissibility of that evidence. Held: It was rarely wise … Continue reading Beazer Homes Ltd v Stroude: CA 17 Mar 2005
The parties entered into an option agreement giving the claimant a right to purchase the defendant’s land. The consideration would be affected by the costs of complying with a section 106 agreement to construct local ancillary services. The parties disputed whether the land owners were obliged to agree to the agreement requested. Held: The claim … Continue reading Nirah Holdings Ltd v British Agricultural Services Ltd and Another: ComC 11 Sep 2009
Where there was an agreement between an applicant and the planning authority under section 106 of the new Act, with respect the undertaking of work in return for the grant of planning permission, there was no requirement for there to be a direct link between the development and the works. If the agreement was entered … Continue reading J A Pye (Oxford) Ltd v South Gloucestershire District Council and Others: CA 29 Mar 2001
Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for a link road as part of its application. Held: The offer of funding for the link … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995
Three companies competed for permission to build a retail food superstore in Witney. The inspector recommended Tesco’s proposal, but the SSE set aside the inspector’s decision in favour of the local authority’s preference. Tesco sought a declaration quashing the decision letter. It said that insufficent allowance had been given to its offer of funding for … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: CA 25 May 1994
Nicholls LJ discussed the nature and enforcement of agreements under section 106 of the 1990 Act, saying: ‘A section 106 agreement may be enforced against the original covenantor in contract, and against successors in title to the original convenantor by virtue of sub.(2). Enforcement is a matter solely for the local planning authority, and there … Continue reading Attorney-General ex rel. Scotland v Barratt Manchester Ltd: CA 2 Jan 1990
The claimants, charitable trustees bought land with planning permission subject to an agreement by the defendant to provide roadway improvement. They deposited sums with the authority as security. The roadworks were not completed for 10 years. The claimants sought return of the sums deposited as no longer required. Held: The claimants had to permit a … Continue reading Patel and others v Brent London Borough Council: ChD 7 Apr 2004
The court considered an application by a developer under section 106BA to modify the requirement so that a payment for the provision of affordable housing is deleted, and its succeeding in an appeal to the Defendant Secretary of State under section 106BC of the Act. Judges: Gilbart J Citations: [2016] EWHC 644 (Admin) Links: Bailii … Continue reading Medway Council v Secretary of State for Communities and Local Government and Others: Admn 23 Mar 2016
The claimant garden centre sought to challenge a relaxation on planning restrictions over a competing centre. Held: The section 106 agreemnent was to be looked at to see what purpose was served by the original conditions. Section 106A(6) does not require that the obligation continues to serve its original purpose. What matters is whether the … Continue reading Garden and Leisure Group Ltd, Regina (on the Application Of) v North Somerset Council and Another: Admn 4 Jul 2003
The claimant sought a delaration that it had a right of way over an access road. The defendants said that the agreement fell foul of the 1989 Act. Held: The claimant was not entitled to the declaration. Agreements under the 1990 Act are enforceable at the instance of the Authority only and not by third … Continue reading Milebush Properties Ltd v Tameside Metropolitan Borough Council and Others: ChD 13 May 2010
The use of a tethered barge as a heliport constituted a change of use of the land under the river. Citations: Times 10-Dec-1996, [1996] EWCA Civ 1063 Statutes: Town and Country Planning Act 1990 55 Jurisdiction: England and Wales Citing: Cited – The Carlgarth 1927 Scrutton LJ said: ‘When you invite a person into your … Continue reading Thames Heliport Plc v London Borough of Tower Hamlets: CA 28 Nov 1996
Norfolk Homes applied for summary judgment of its claim for a declaration that residential development of land in Holt, Norfolk was not bound by obligations contained in an agreement made pursuant to section 106 Town and Country Planning Act 1990 Judges: The Hon. Mrs Justice Thornton Citations: [2020] EWHC 504 (QB) Links: Bailii Jurisdiction: England … Continue reading Norfolk Homes Ltd v North Norfolk District Council and Another: QBD 5 Mar 2020
The applicant sought a judicial review of a grant of planning permission. She said that in the considerable time gap between the decision in principle, and the decision notice, several elements had changed requiring the decision to be reconsidered. Held: Review was refused. The section required the authority to have regard to all material considerations … Continue reading Regina (on the Application of Kides) v South Cambridgeshire District Council Ltd: CA 9 Oct 2002
The claimant sought to appeal an enforcement notice. The land had been used for crushing etc concrete. The council had said it was an unlicensed waste management facility. A temporary permission had been granted subject to an obligation under s106. Held: Permission was obtained for a filetring media plant, but under the subsequent Use Classes … Continue reading Wiggins v Secretary of State for The Environment, Transport and The Regions: Admn 21 Dec 2000
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development contributing funds locally, and that such was not capable of being … Continue reading Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019
An application was made under section 73 to develop land without compliance with conditions previously attached to a planning permission, the relevant condition being that the development commence within five years of the date of planning permission. Held: A Local Authority was correct to refuse to extend the time for the commencement of a development … Continue reading Pye v Secretary of State for Environment and North Cornwall District Council: Admn 5 May 1998
FTTTx VAT – DIY self-build scheme – section 35A VATA94 and note 2(c) to Group 5, Schedule 8 VATA94 – whether the separate disposal of the dwelling was prohibited by the terms of a covenant under section 106 Town and Country Planning Act 1990 – terms of covenant considered – held they prohibit a separate … Continue reading Swindell v Revenue and Customs (VAT – Builders : Do -It-Yourself): FTTTx 1 Feb 2017
The claimant Redrow sought an order for specific performance of the defendant’s contractual obligations under a legal charge between the defendant (as chargee) and the claimant (as chargor) to execute an agreement under section 106 of the Town and Country Planning Act 1990 to be entered into between Redrow and Tewkesbury Borough Council as the … Continue reading Redrow Homes Ltd v Martin Dawn (Leckhampton) Ltd: ChD 13 Apr 2016
A planning permission was granted with an agreement under section 106. A second permission was later granted. The court was now asked whether the section 106 agreement applied also to the second permission. Held: As a matter of law, the developer was, after the reserved matters approval perfected the Second Planning Permission, able to elect … Continue reading Robert Hitchins Ltd, Regina (on The Application of) v Worcesteshire County Council and Others: Admn 18 Nov 2014
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011
The council had resolved to grant planning permission for a development, but before the permission was actually granted the Secretary of State had written to planning authorities saying that he intended to abolish the ‘Regional Spatial Strategies’. The objector said that the Council should reconsider in the light of this ‘highly relevant’ change. Held: The … Continue reading Hinds, Regina (on The Application of) v Blackpool Council: Admn 17 Mar 2011
Judicial Review must be timely The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits. Held: The court repeated the requirement that an application must be both timely and in any event made within three months. Both … Continue reading Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008
The campaign company sought judicial review of a decision by the respondent granting permission to develop nearby land as a golf course. Held: The application succeeded. The Secretary of State in preserving the effect of certain policies had also preserved the supporting text and reasoned justification: ‘it makes no sense to preserve naked ‘policies’ shorn … Continue reading Cherkley Campaign Ltd, Regina (on The Application of) v Longshot Cherkley Court Ltd: Admn 22 Aug 2013
What was the effect of a planning committee’s resolution to grant planning permission for a major mixed-use development, subject to the applicant entering into ‘an appropriate legal agreement’ under section 106 of the Town and Country Planning Act . .
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