Winwood & Ors v Biffa Waste Services Ltd & Anor

Winwood & Ors v Biffa Waste Services Ltd & Anor

Clause 8(6)(d) of the lease imposed only an obligation to apply for a variation of the restoration contours in the planning permission, not a continuing obligation to apply for further permissions or licences; the language and context of the lease do not support the broader interpretation advanced by the landlord.

Source-derived case information.

Parties
Appellant: Michael Ralph Winwood; Appellant: Hugh Bampfield Carslake; Appellant: The Marsh Trust Limited; Respondent: Biffa Waste Services Limited; Respondent: Biffa Holdings Limited
Jurisdiction
England and Wales
Judgment Date
17 February 2011
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Lease Interpretation, Landfill Site Regulation, Planning Permission, Waste Management Licensing
Contract Law Property Law Lease Interpretation Landfill Site Regulation Planning Permission Waste Management Licensing

Source-derived case record

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Parties

Michael Ralph Winwood

Appellant

Hugh Bampfield Carslake

Appellant

The Marsh Trust Limited

Appellant

Biffa Waste Services Limited

Respondent

Biffa Holdings Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Proper construction of clause 8(6)(d) of the lease
  2. 2 Whether clause 8(6)(d) imposed a continuing obligation to apply for planning permissions and site licences
  3. 3 Whether clause 8(6)(d) imposed only a 'once and for all' obligation to apply for variation of restoration contours

Ratio Decidendi

Clause 8(6)(d) of the lease imposed only an obligation to apply for a variation of the restoration contours in the planning permission, not a continuing obligation to apply for further permissions or licences; the language and context of the lease do not support the broader interpretation advanced by the landlord.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment of High Court affirmed.