Norfolk Homes Ltd v North Norfolk District Council & Anor [2020] EWHC 2265 (QB) (20 August 2020)

Norfolk Homes Ltd v North Norfolk District Council & Anor [2020] EWHC 2265 (QB) (20 August 2020)

The obligations in the 2012 section 106 agreement do not apply to the 2015 section 73 permission because the agreement, on its natural and ordinary meaning, was expressly linked to the original 2012 permission, which has lapsed, and there is no basis for implying additional wording to extend its effect to subsequent section 73 permissions.

Citation
[2020] EWHC 2265
Parties
Claimant: Norfolk Homes Limited; First Defendant: North Norfolk District Council; Second Defendant: Norfolk County Council
Jurisdiction
England and Wales
Judgment Date
20 August 2020
Procedural Posture
Part 8 Claim for Declaratory Relief / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Interpretation of Section 106 Agreements, Effect of Section 73 Permissions, Affordable Housing Obligations, Planning Obligations, Modification and Discharge of Planning Obligations
Planning Law Contract Law Public Law Interpretation of Section 106 Agreements Effect of Section 73 Permissions Affordable Housing Obligations Planning Obligations Modification and Discharge of Planning Obligations

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Parties

Norfolk Homes Limited

Claimant

North Norfolk District Council

First Defendant

Norfolk County Council

Second Defendant

Procedural Posture

Part 8 Claim for Declaratory Relief / Judgment After Trial

Legal Issues

  1. 1 Whether the obligations in the 2012 section 106 agreement apply to development carried out under the 2015 section 73 planning permission
  2. 2 Whether additional wording should be implied into the 2012 agreement to extend its effect to subsequent section 73 permissions

Ratio Decidendi

The obligations in the 2012 section 106 agreement do not apply to the 2015 section 73 permission because the agreement, on its natural and ordinary meaning, was expressly linked to the original 2012 permission, which has lapsed, and there is no basis for implying additional wording to extend its effect to subsequent section 73 permissions.

Court Disposition

Claim allowed

Orders

  • Declaration granted that the continuing residential development of land off Cley Road and Woodfield Road, Holt, Norfolk pursuant to the 2015 permission (PF/15/0774) is not subject to any of the owner's obligations contained in the 2012 agreement.
  • Order requiring North Norfolk District Council to remove any reference to the 2012 agreement from the local land charges register within 28 days of the judgment.