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 development carried out under the 2015 section 73 planning permission because the agreement is expressly limited to the original planning permission and does not extend to subsequent permissions unless the wording so provides. The court rejected the respondent's argument for implied terms, finding no justification to extend the agreement's effect beyond its express language.

Citation
[2020] EWHC 2265 (QB)
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
Civil (planning/administrative) / Final Judgment After Trial
Outcome
Claim allowed
Legal Topics
Section 106 Agreements, Interpretation of Planning Obligations, Section 73 Permissions, Affordable Housing, Local Land Charges
Planning Law Contract Law Administrative Law Section 106 Agreements Interpretation of Planning Obligations Section 73 Permissions Affordable Housing Local Land Charges

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Parties

Norfolk Homes Limited

Claimant

North Norfolk District Council

First Defendant

Norfolk County Council

Second Defendant

Procedural Posture

Civil (planning/administrative) / Final 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 development carried out under the 2015 section 73 planning permission because the agreement is expressly limited to the original planning permission and does not extend to subsequent permissions unless the wording so provides. The court rejected the respondent's argument for implied terms, finding no justification to extend the agreement's effect beyond its express language.

Court Disposition

Claim allowed

Orders

  • Declaration granted that development under the 2015 permission is not subject to the owner's obligations in the 2012 agreement
  • Order requiring NNDC to remove reference to the 2012 agreement from the local land charges register within 28 days