Eastleigh Borough Council v Town Quay Developments Ltd

Eastleigh Borough Council v Town Quay Developments Ltd

The Court held that, in the context of this transfer and the reservation of rights, it was necessary to imply a term that the consent of the Director of Planning and Development not be unreasonably withheld, given the commercial purpose, the conferral of power on a public officer, and the risk of frustration of the reserved rights if consent could be arbitrarily withheld.

Parties
Appellant/defendant: Eastleigh Borough Council; Respondent/claimant: Town Quay Developments Ltd
Jurisdiction
England and Wales
Judgment Date
26 October 2009
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Implied Terms, Withholding of Consent, Land Transfer, Easements and Reservations, Planning Law
Property Law Contract Law Implied Terms Withholding of Consent Land Transfer Easements and Reservations Planning Law

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Parties

Eastleigh Borough Council

Appellant/defendant

Town Quay Developments Ltd

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether a term should be implied into a land transfer that the consent of the Director of Planning and Development to the exercise of reserved rights should not be unreasonably withheld

Ratio Decidendi

The Court held that, in the context of this transfer and the reservation of rights, it was necessary to imply a term that the consent of the Director of Planning and Development not be unreasonably withheld, given the commercial purpose, the conferral of power on a public officer, and the risk of frustration of the reserved rights if consent could be arbitrarily withheld.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.