Millgate Development Ltd, R (on the application of) v Wokingham Borough Council
The refusal to discharge the section 106 undertaking was not unlawful; the undertaking remained valid and enforceable for planning purposes, and section 38(6) did not apply to the enforcement decision. Reduction in the sum claimed did not require discharge or modification of the undertaking.
- Parties
- Applicant: Millgate Developments Limited; Respondent: Wokingham Borough Council
- Jurisdiction
- England and Wales
- Judgment Date
- 06 July 2011
- Procedural Posture
- Judicial Review / Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Section 106 Undertakings, Planning Obligations, Enforcement of Planning Agreements, Development Plan Compliance
Case Brief
Summary, issues, holding and outcome
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Parties
Millgate Developments Limited
Applicant
Wokingham Borough Council
Respondent
Procedural Posture
Judicial Review / Appeal
Legal Issues
- 1 Whether refusal to discharge a section 106 undertaking was unlawful
- 2 Whether section 38(6) of the Planning and Compulsory Purchase Act 2004 applies to enforcement decisions under section 106A(1)(a)
- 3 Whether reduction in the sum claimed affects the validity of the undertaking
Ratio Decidendi
The refusal to discharge the section 106 undertaking was not unlawful; the undertaking remained valid and enforceable for planning purposes, and section 38(6) did not apply to the enforcement decision. Reduction in the sum claimed did not require discharge or modification of the undertaking.
Court Disposition
appeal dismissed
Orders
- application for declaration refused
- undertaking remains valid and enforceable
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