Stratford On Avon Council v David Wilson Homes Ltd.& Ors

Stratford On Avon Council v David Wilson Homes Ltd.& Ors

The Defendants, as current owners, are liable under the section 106 agreement to make the Community Hall Payment. The notice served by the Claimant was valid and effective; it was not necessary to serve all possible owners, and the six-year limitation period had not expired. Consent to the alternative facility was validly obtained or unreasonably withheld. The indemnity claim by PF1 against Stoneyfield fails because the relevant liability was voluntarily assumed after PF1 had ceased to be liable under the section 106 agreement.

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 allowed against both Defendants; indemnity claim against Stoneyfield dismissed.
Legal Topics
Section 106 Agreements, Planning Obligations, Indemnity, Successor Liability
Planning Law Contract Law Section 106 Agreements Planning Obligations Indemnity Successor Liability

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 to make the Community Hall Payment to the Claimant.
  2. 2 Whether the notice served by the Claimant was valid and effective under the agreement.
  3. 3 Whether the six-year limitation period had expired before service of the notice.

Ratio Decidendi

The Defendants, as current owners, are liable under the section 106 agreement to make the Community Hall Payment. The notice served by the Claimant was valid and effective; it was not necessary to serve all possible owners, and the six-year limitation period had not expired. Consent to the alternative facility was validly obtained or unreasonably withheld. The indemnity claim by PF1 against Stoneyfield fails because the relevant liability was voluntarily assumed after PF1 had ceased to be liable under the section 106 agreement.

Court Disposition

Claim allowed against both Defendants; indemnity claim against Stoneyfield dismissed.

Orders

  • David Wilson Homes Ltd and Peverel Freeholds No. 2 Limited are liable to make the Community Hall Payment to Stratford on Avon District Council.
  • Indemnity claim by Peverel Freeholds Limited against Stoneyfield Management Limited is dismissed.