PYE (Oxford) Ltd v South Gloucestershire District Council [2001] EWCA Civ 96 (25 January 2001)

PYE (Oxford) Ltd v South Gloucestershire District Council [2001] EWCA Civ 96 (25 January 2001)

Permission to appeal is granted on the ground that if an agreement is entered into by an authority for an improper purpose, such as buying planning permission unconnected to the development, it may be ultra vires and unenforceable.

Citation
[2001] EWCA Civ 96
Parties
Claimant/applicant: PYE (Oxford) Ltd; Defendant/respondent: South Gloucestershire District Council
Jurisdiction
England and Wales
Judgment Date
25 January 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted (restricted to main ground argued)
Legal Topics
Validity of Planning Agreements, Ultra Vires Agreements, Section 52 Town and Country Planning Act 1971, Planning Obligations, Improper Purpose in Statutory Powers
Planning Law Contract Law Administrative Law Validity of Planning Agreements Ultra Vires Agreements Section 52 Town and Country Planning Act 1971 Planning Obligations Improper Purpose in Statutory Powers

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Parties

PYE (Oxford) Ltd

Claimant/applicant

South Gloucestershire District Council

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the 1979 agreement requiring reimbursement for land purchase was valid under section 52 of the Town and Country Planning Act 1971
  2. 2 Whether the agreement was ultra vires as an attempt to buy planning permission unconnected to the permitted development

Ratio Decidendi

Permission to appeal is granted on the ground that if an agreement is entered into by an authority for an improper purpose, such as buying planning permission unconnected to the development, it may be ultra vires and unenforceable.

Court Disposition

Permission to appeal granted (restricted to main ground argued)

Orders

  • Application allowed
  • Costs to be costs in the appeal