Stroude v Beazer Homes Ltd & Ors [2005] EWHC 2686 (Ch) (25 November 2005)

Stroude v Beazer Homes Ltd & Ors [2005] EWHC 2686 (Ch) (25 November 2005)

The section 106 Agreement, construed according to ordinary contractual principles and in the context of the statutory scheme, requires the Estate Owners to construct the bypass once approvals and Traffic Orders are in place. To give business efficacy to the agreement and avoid rendering performance impossible, a term is implied that each Estate Owner (including Mr Stroude) is entitled to enter the Cartwright Land for the purpose of constructing the bypass, subject to the conditions precedent in the agreement. This right arises only when the relevant approvals and Traffic Orders are obtained. The obligations are joint and several for these purposes. Declaratory relief is appropriate to...

Citation
[2005] EWHC 2686 (Ch)
Parties
Claimant: Peter Longwill Stroude; Defendant: Beazer Homes Ltd; Defendant: Beazer Group Ltd; Defendant: Persimmon Homes Ltd
Jurisdiction
England and Wales
Judgment Date
25 November 2005
Procedural Posture
Chancery Division Civil Claim / Judgment After Trial
Outcome
Declaratory relief granted
Legal Topics
Section 106 Agreements, Easements and Rights of Access, Implied Terms in Contracts, Planning Obligations, Land Development, Highways Law
Property Law Planning Law Contract Law Section 106 Agreements Easements and Rights of Access Implied Terms in Contracts Planning Obligations Land Development +1 more

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Parties

Peter Longwill Stroude

Claimant

Beazer Homes Ltd

Defendant

Beazer Group Ltd

Defendant

Persimmon Homes Ltd

Defendant

Procedural Posture

Chancery Division Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Stroude or his successors are entitled to enter the Cartwright Land to construct the bypass under the section 106 Agreement or by implication of law
  2. 2 Whether a term should be implied into the section 106 Agreement granting such access
  3. 3 Whether the obligations under the section 106 Agreement are joint, several, or both, and the effect on rights of access

Ratio Decidendi

The section 106 Agreement, construed according to ordinary contractual principles and in the context of the statutory scheme, requires the Estate Owners to construct the bypass once approvals and Traffic Orders are in place. To give business efficacy to the agreement and avoid rendering performance impossible, a term is implied that each Estate Owner (including Mr Stroude) is entitled to enter the Cartwright Land for the purpose of constructing the bypass, subject to the conditions precedent in the agreement. This right arises only when the relevant approvals and Traffic Orders are obtained. The obligations are joint and several for these purposes. Declaratory relief is appropriate to...

Court Disposition

Declaratory relief granted

Orders

  • Declaration that Mr Stroude or his successors are entitled, subject to the relevant approvals and Traffic Orders, to enter the Cartwright Land to construct the bypass in accordance with the section 106 Agreement.
  • Beazer Homes and its successors are restrained from obstructing or interfering with that right.