Robert Hitchins Ltd, R (on the application of) v Worcestershire County Council & Anor [2015] EWCA Civ 1060 (27 October 2015)

Robert Hitchins Ltd, R (on the application of) v Worcestershire County Council & Anor [2015] EWCA Civ 1060 (27 October 2015)

Where two materially identical planning permissions exist for the same site, a developer may lawfully elect to continue development under the second permission, thereby avoiding further obligations under a section 106 agreement attached only to the first, provided the switch is objectively evidenced and the developments are not inconsistent.

Citation
[2015] EWCA Civ 1060
Parties
Claimant / Respondent: Robert Hitchins Limited; Defendant / Appellant: Worcestershire County Council; Interested Party: Worcester City Council
Jurisdiction
England and Wales
Judgment Date
27 October 2015
Procedural Posture
Judicial Review (planning) Appeal / Court of Appeal (civil Division) Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Section 106 Agreements, Planning Permissions, Modification and Discharge of Planning Obligations, Community Infrastructure Levy Regulations, Interpretation of Planning Documents
Planning Law Administrative Law Section 106 Agreements Planning Permissions Modification and Discharge of Planning Obligations Community Infrastructure Levy Regulations Interpretation of Planning Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Robert Hitchins Limited

Claimant / Respondent

Worcestershire County Council

Defendant / Appellant

Worcester City Council

Interested Party

Procedural Posture

Judicial Review (planning) Appeal / Court of Appeal (civil Division) Appeal From High Court

Legal Issues

  1. 1 Whether a developer can switch from one planning permission to another for the same development to avoid further obligations under a section 106 agreement.
  2. 2 Whether further instalments of a transport contribution are payable when development continues under a second, materially identical planning permission without such an obligation.
  3. 3 Interpretation of the term 'implementation' in the context of planning permissions and undertakings.

Ratio Decidendi

Where two materially identical planning permissions exist for the same site, a developer may lawfully elect to continue development under the second permission, thereby avoiding further obligations under a section 106 agreement attached only to the first, provided the switch is objectively evidenced and the developments are not inconsistent.

Court Disposition

Appeal dismissed

Orders

  • Declaration that no further instalments of the transport contribution under the First Section 106 Agreement are payable after the switch to the Second Planning Permission.