Stratford On Avon Council v David Wilson Homes Ltd.& Ors [2011] EWHC 3548 (Ch) (23 December 2011)

Stratford On Avon Council v David Wilson Homes Ltd.& Ors [2011] EWHC 3548 (Ch) (23 December 2011)

The Defendants, as current owners, are liable for the Community Hall Payment under the section 106 agreement; the notice served by the Council was valid and within the six-year period; consent to the alternative facility was validly obtained or unreasonably withheld; and the indemnity claim against Stoneyfield fails as the relevant liability was voluntarily assumed by PF1 after its obligations had ceased.

Citation
[2011] EWHC 3548 (Ch)
Parties
Claimant: Stratford on Avon District Council; First Defendant: David Wilson Homes Ltd; Second Defendant: Peverel Freeholds No. 2 Limited; Fifth Party: Stoneyfield Management Limited; Fourth Party: Peverel Freeholds Limited
Jurisdiction
England and Wales
Judgment Date
23 December 2011
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim succeeds against both Defendants; indemnity claim against Stoneyfield fails.
Legal Topics
Section 106 Agreements, Planning Obligations, Indemnity, Interpretation of Contracts
Planning Law Contract Law Section 106 Agreements Planning Obligations Indemnity Interpretation of Contracts

Case Brief

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Parties

Stratford on Avon District Council

Claimant

David Wilson Homes Ltd

First Defendant

Peverel Freeholds No. 2 Limited

Second Defendant

Stoneyfield Management Limited

Fifth Party

Peverel Freeholds Limited

Fourth Party

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendants are liable under a section 106 agreement for the Community Hall Payment
  2. 2 Whether the notice served by the Council was valid and within time
  3. 3 Whether consent to an alternative facility was validly obtained or unreasonably withheld

Ratio Decidendi

The Defendants, as current owners, are liable for the Community Hall Payment under the section 106 agreement; the notice served by the Council was valid and within the six-year period; consent to the alternative facility was validly obtained or unreasonably withheld; and the indemnity claim against Stoneyfield fails as the relevant liability was voluntarily assumed by PF1 after its obligations had ceased.

Court Disposition

Claim succeeds against both Defendants; indemnity claim against Stoneyfield fails.

Orders

  • Defendants David Wilson Homes Ltd and Peverel Freeholds No. 2 Limited are liable to pay the Community Hall Payment to the Council.
  • Indemnity claim by PF1 against Stoneyfield Management Limited is dismissed.