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 to continue and complete the development under the Second Planning Permission rather than the First Planning Permission. The developer had elected to continue and complete the development under the Second Planning Permission. The court should not grant the declaration sought by the Claimant.
Hickinbottom J
[2014] EWHC 3809 (Admin)
Bailii
Town and Country Planning Act 1990 57(1) 106, Community Infrastructure Levy Regulations 2010 122(2)
Citing:
Cited – 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 . .
Cited – Regina v Leicestershire City Council Ex parte Powergen Uk Plc QBD 17-Nov-1999
A planning permission had been granted requiring detailed proposals for the development to be delivered before a certain date. The applicant submitted proposals for part only of the site, requesting a variation to allow such a part proposal. The . .
Cited – Regina v Leicester City Council ex parte Powergen UK Limited CA 2000
. .
Cited – Pilkington v Secretary of State for the Environment QBD 1973
A planning permission was granted to build a bungalow on part of the land, site ‘B’, subject to a condition it should be the only house to be built on the land. He built the bungalow. Later the owner discovered the existence of an earlier permission . .
Cited – Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’) HL 1984
A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them.
Held: Though he deprecated extending the use of the . .
Cited – Greyfort Properties Ltd v Secretary of State for Communities and Another CA 28-Jul-2011
The parties disputed whether certain works undertaken amounted to a commencement of operations so as to preserve a planning permission.
Held: Richards LJ equated implementation of planning permission with the start of the permitted works, . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 23 December 2021; Ref: scu.538879