Millgate Developments Ltd, R (on the application of) v Wokingham Borough Council

Millgate Developments Ltd, R (on the application of) v Wokingham Borough Council

The Council lawfully enforced the March 2007 unilateral undertaking as it was voluntarily entered into, enforceable by its terms, and the Council took all relevant considerations into account. There was no misdirection in law or reliance on irrelevant considerations. The decision was not unreasonable, and the...

Source-derived case information.

Parties
Claimant: Millgate Developments Ltd; Defendant: Wokingham Borough Council
Jurisdiction
England and Wales
Judgment Date
14 January 2011
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Enforcement of Planning Obligations, Modification and Discharge of Planning Obligations, Local Authority Powers Under S111 Local Government Act 1972, Judicial Review Grounds (relevant/irrelevant Considerations, Unreasonableness)
Planning Law Administrative Law Enforcement of Planning Obligations Modification and Discharge of Planning Obligations Local Authority Powers Under S111 Local Government Act 1972 Judicial Review Grounds (relevant/irrelevant Considerations, Unreasonableness)

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Millgate Developments Ltd

Claimant

Wokingham Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Council failed to take account of relevant considerations in enforcing the s106 undertaking
  2. 2 Whether the Council took into account irrelevant considerations or misdirected itself in law
  3. 3 Whether the Council's decision to enforce the undertaking was unreasonable (Wednesbury unreasonableness)

Ratio Decidendi

The Council lawfully enforced the March 2007 unilateral undertaking as it was voluntarily entered into, enforceable by its terms, and the Council took all relevant considerations into account. There was no misdirection in law or reliance on irrelevant considerations. The decision was not unreasonable, and the Council has power to refund surplus sums under s111(1) Local Government Act 1972.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review is dismissed in its entirety.