Milebush Properties Ltd v Tameside Metropolitan Borough Council & Ors

Milebush Properties Ltd v Tameside Metropolitan Borough Council & Ors

Milebush is not entitled to the declaration sought because the scope of the right of way under clause 3.5 is limited to access for servicing the rear of the properties and does not extend to use as an emergency exit. Declaratory relief is inappropriate as enforcement of the planning obligation is solely for the local planning authority, and Milebush has no enforceable private law right.

Parties
Claimant: Milebush Properties Limited; First Defendant: Tameside Metropolitan Borough Council; Second Defendant: The Mayor and Burgesses of the London Borough of Hillingdon
Jurisdiction
England and Wales
Judgment Date
13 May 2010
Procedural Posture
Civil / Judgment After Expedited Trial and Summary Judgment Applications
Outcome
Claim dismissed
Legal Topics
Interpretation of Section 106 Agreements, Declaratory Relief, Enforcement of Planning Obligations, Expert Determination, Section 2 Law of Property (miscellaneous Provisions) Act 1989
Property Law Planning Law Contract Law Interpretation of Section 106 Agreements Declaratory Relief Enforcement of Planning Obligations Expert Determination Section 2 Law of Property (miscellaneous Provisions) Act 1989

Case Brief

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Parties

Milebush Properties Limited

Claimant

Tameside Metropolitan Borough Council

First Defendant

The Mayor and Burgesses of the London Borough of Hillingdon

Second Defendant

Procedural Posture

Civil / Judgment After Expedited Trial and Summary Judgment Applications

Legal Issues

  1. 1 Scope of right of way under clause 3.5 of the Principal Agreement as varied by the Supplemental Agreement
  2. 2 Whether Milebush is entitled to declaratory relief
  3. 3 Whether Tameside can impose conditions on the right of way

Ratio Decidendi

Milebush is not entitled to the declaration sought because the scope of the right of way under clause 3.5 is limited to access for servicing the rear of the properties and does not extend to use as an emergency exit. Declaratory relief is inappropriate as enforcement of the planning obligation is solely for the local planning authority, and Milebush has no enforceable private law right.

Court Disposition

Claim dismissed