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 into in order to restrict or regulate the development or use of land then it was vires.
Citations:
Times 02-Apr-2001, Gazette 17-May-2001, [2001] EWCA Civ 450
Links:
Statutes:
Town and Country Planning Act 1990 106
Jurisdiction:
England and Wales
Citing:
Appealed to – J A Pye (Oxford) Ltd and Others v Graham and Another HL 4-Jul-2002
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Planning, Local Government
Updated: 19 May 2022; Ref: scu.82442
