Harris & Anor v Berkeley (Strategic Land) Ltd & Anor

The planning permission permitted 75 units of residential accommodation, including the 60 C units, and the contract's language is apt to include residential accommodation provided in accordance with class C2. Therefore, the 60 C units are 'units of residential accommodation' for the purposes of the overage calculation.

Parties: Claimant: M J Harris; Defendant: Berkeley (Strategic Land) Ltd
Jurisdiction: England and Wales
Judgment Date: 02 October 2014
Procedural Posture: Civil / Judgment
Outcome: Declaration granted in favour of claimants; costs awarded to claimants; detailed assessment of costs ordered; payment on account of £40,000 ordered; permission to appeal refused.
Legal Topics: Interpretation of Contract, Overage Provisions, Planning Permission, Residential Accommodation

Contract Property Interpretation of Contract Overage Provisions Planning Permission Residential Accommodation

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Parties

M J Harris

Claimant

Berkeley (Strategic Land) Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether 60 'C units' permitted under planning permission are 'units of residential accommodation' within the meaning of the contract for overage calculation

Ratio Decidendi

Court Disposition

Declaration granted in favour of claimants; costs awarded to claimants; detailed assessment of costs ordered; payment on account of £40,000 ordered; permission to appeal refused.

Orders

Declaration that planning permission permitted 75 units of residential accommodation for overage calculation.
Claimants awarded costs, subject to detailed assessment.