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Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995

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

Tesco Stores Ltd v Secretary of State for the Environment and Others: CA 25 May 1994

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

Attorney-General ex rel. Scotland v Barratt Manchester Ltd: CA 2 Jan 1990

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

Patel and others v Brent London Borough Council: ChD 7 Apr 2004

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

Medway Council v Secretary of State for Communities and Local Government and Others: Admn 23 Mar 2016

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

Garden and Leisure Group Ltd, Regina (on the Application Of) v North Somerset Council and Another: Admn 4 Jul 2003

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

Milebush Properties Ltd v Tameside Metropolitan Borough Council and Others: ChD 13 May 2010

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

Newbury District Council v Secretary of State for the Environment: HL 1980

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

Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

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

Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another: SC 20 Nov 2019

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

Pye v Secretary of State for Environment and North Cornwall District Council: Admn 5 May 1998

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

Swindell v Revenue and Customs (VAT – Builders : Do -It-Yourself): FTTTx 1 Feb 2017

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

Redrow Homes Ltd v Martin Dawn (Leckhampton) Ltd: ChD 13 Apr 2016

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

Robert Hitchins Ltd, Regina (on The Application of) v Worcesteshire County Council and Others: Admn 18 Nov 2014

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

Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011

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

Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 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

Hinds, Regina (on The Application of) v Blackpool Council: Admn 17 Mar 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

Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008

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

Cherkley Campaign Ltd, Regina (on The Application of) v Longshot Cherkley Court Ltd: Admn 22 Aug 2013

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

Acts

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law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index