Cozens-Smith v Bellway Homes Ltd

Cozens-Smith v Bellway Homes Ltd

The definition of 'planning permission' in the transfer included both the outline planning permission and the approval of reserved matters (ARM), and the disputed ARM was an approval of reserved matters under the OPP, not a new grant of planning permission. The claimant's construction was commercially absurd and unsupported by law. The claimant's claims for declaratory and injunctive relief were bound to fail, and there was no real prospect of success on the proposed amended claim.

Parties
Claimant: Lionel Jeffrey Cozens-Smith; Defendant: Bellway Homes Limited
Jurisdiction
England and Wales
Judgment Date
26 November 2019
Procedural Posture
Civil Property/contract / Summary Judgment/strike Out Application
Outcome
Claim struck out; summary judgment for defendant
Legal Topics
Interpretation of Contracts, Planning Permission, Approval of Reserved Matters, Declaratory Relief, Injunctive Relief, Summary Judgment, Strike Out Applications
Property Law Contract Law Interpretation of Contracts Planning Permission Approval of Reserved Matters Declaratory Relief Injunctive Relief Summary Judgment +1 more

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Parties

Lionel Jeffrey Cozens-Smith

Claimant

Bellway Homes Limited

Defendant

Procedural Posture

Civil Property/contract / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether 'planning permission' in the transfer included both the outline planning permission and the approval of reserved matters (ARM) or only the outline planning permission
  2. 2 Whether the disputed ARM was a new grant of planning permission or an approval of reserved matters under the original outline planning permission
  3. 3 Whether the claimant was entitled to declaratory or injunctive relief

Ratio Decidendi

The definition of 'planning permission' in the transfer included both the outline planning permission and the approval of reserved matters (ARM), and the disputed ARM was an approval of reserved matters under the OPP, not a new grant of planning permission. The claimant's construction was commercially absurd and unsupported by law. The claimant's claims for declaratory and injunctive relief were bound to fail, and there was no real prospect of success on the proposed amended claim.

Court Disposition

Claim struck out; summary judgment for defendant

Orders

  • The claim is struck out pursuant to CPR 3.4(2)(a).
  • Summary judgment is granted in favour of the defendant in the alternative.