Variation of restrictive covenant entered into as part of section 52 agreement. Citations: [1988] EWCA Civ 1, [1989] 05 EG 85, [1989] 1 EGLR 193, [1989] 57 P and CR 119, [1988] 3 PLR 45 Links: Bailii Statutes: Town and Country Planning Act 1971 52 Jurisdiction: England and Wales Land, Planning Updated: 26 November 2022; … Continue reading Martin and Another, Re Application for Judicial Review: CA 10 May 1988
LT RESTRICTIVE COVENANTS – proposal to modify occupancy restriction imposed by an agreement under section 52 of the Town and Country Planning Act 1971 – practical benefits of substantial value or advantage – implied agreement – application dismissed – Law of Property Act 1925, s84(1), grounds (aa), (b) and (c) Judges: Francis FRCS Citations: [2006] … Continue reading Dart JL: LT 8 Aug 2006
The Court was asked whether a planning authority could validly achieve by agreement any purpose which it could not validly achieve by planning condition or whether the test for validity was the same in each case. Held: A council may agree to a restriction on use outside the scope of the planning acts. An agreement … Continue reading Good and Another v Epping Forest District Council: CA 11 Nov 1993
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003
RESTRICTIVE COVENANT – discharge – agricultural occupancy condition imposed on bungalow under section 52 of Town and Country Planning Act 1971 – restriction against erection of further dwellings c whether extension of bungalow and/or conversion of other farm buildings into dwellings means restrictions obsolete – whether market testing exercise adequate to demonstrate that occupancy restriction … Continue reading Rasbridge, Re Cefn Betingau Farm: UTLC 23 Aug 2012
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
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a public place of religious worship, since it was not open to the public, or even to … Continue reading Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints: HL 30 Jul 2008
D. wanting to develop an office block, bought neighbouring semi-detached houses hoping to provide additional car parking, enhancing the visual aspects and improving highway safety. When temporary planning consent for use of these properties as site offices ran out without being used, D began to demolish the properties which were not listed and not in … Continue reading Cambridge City Council v Secretary of State for the Environment and Milton Park Investments Ltd: 1992
The extended definition of ‘listed building’ in section 54(9) applied equally for the purposes of paragraph 2(c) of Schedule 1 of the 1967 Act. No rates were to be payable in respect of a hereditament for any period during which it was included in a . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
