Harris & Anor v Berkeley (Strategic Land) Ltd & Anor [2014] EWHC 3355 (Ch) (02 October 2014)

The planning permission permitted 75 units of residential accommodation in aggregate, including the 60 C units, which are physically and functionally units of residential accommodation within the contract's definition, regardless of their classification as a care home under planning law.

Citation: [2014] EWHC 3355 (Ch)
Parties: Claimant: M J Harris; Defendant: Berkeley (Strategic Land) Ltd
Jurisdiction: England and Wales
Judgment Date: 02 October 2014
Procedural Posture: Contract Dispute / Final 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 Overage Provisions, Planning Permission, Residential Accommodation Definition

Contract Law Property Law Interpretation of Overage Provisions Planning Permission Residential Accommodation Definition

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Parties

M J Harris

Claimant

Berkeley (Strategic Land) Ltd

Defendant

Procedural Posture

Contract Dispute / Final Judgment

Legal Issues

1 Whether 60 'C units' permitted by planning permission are 'units of residential accommodation' under 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.
Defendants to pay claimants' costs, subject to detailed assessment.