Nirah Holdings Ltd v British Agricultural Services Ltd and Another: ComC 11 Sep 2009

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 succeeded, and the land-owners were obliged to proceed. The defendants had sufficient information to be able to decide their response, and the agreement required them to give the appropriate consent, and the claimants were not required to show which of several access routes would be chosen. The claimants had not wrongfully varied the planning application.
Beatson J
[2009] EWHC 2282 (Comm)
Town and Country Planning Act 1990 106
England and Wales
CitedGrampian Regional Council v City of Aberdeen District Council 1984
The extinguishment of a private right is not a proper matter for a condition attached to a planning permission, even though a negative condition preventing development until a highway has been stopped up is unobjectionable. . .
CitedTesco 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 . .

These lists may be incomplete.
Updated: 20 December 2020; Ref: scu.374711