Robert Hitchins Ltd, R (on the Application of) v Worcesteshire County Council & Ors

Robert Hitchins Ltd, R (on the Application of) v Worcesteshire County Council & Ors

Once reserved matters approval was granted for the Second Planning Permission, the developer was entitled as a matter of law to elect to proceed under that permission. The evidence, including the Second Section 106 Undertaking, showed that the developer objectively ceased reliance on the First Planning Permission and continued under the Second. Therefore, no further instalments of the transport contribution under the First Section 106 Agreement were payable.

Parties
Claimant: Robert Hitchins Limited; Defendant: Worcestershire County Council; Interested Party: Worcester City Council
Jurisdiction
England and Wales
Judgment Date
18 November 2014
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Judicial review allowed; declaration granted.
Legal Topics
Section 106 Agreements, Planning Permissions, Developer Contributions, Community Infrastructure Levy Regulations, Judicial Review, Interpretation of Planning Permissions
Planning Law Administrative Law Section 106 Agreements Planning Permissions Developer Contributions Community Infrastructure Levy Regulations Judicial Review Interpretation of Planning Permissions

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Parties

Robert Hitchins Limited

Claimant

Worcestershire County Council

Defendant

Worcester City Council

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether a developer can elect to complete development under a second planning permission, thereby avoiding obligations under a first section 106 agreement.
  2. 2 Whether further instalments of a transport contribution under the first section 106 agreement are payable after implementation of the second planning permission.

Ratio Decidendi

Once reserved matters approval was granted for the Second Planning Permission, the developer was entitled as a matter of law to elect to proceed under that permission. The evidence, including the Second Section 106 Undertaking, showed that the developer objectively ceased reliance on the First Planning Permission and continued under the Second. Therefore, no further instalments of the transport contribution under the First Section 106 Agreement were payable.

Court Disposition

Judicial review allowed; declaration granted.

Orders

  • Declaration that the Claimant and any subsequent owners of the Site cannot lawfully be required to pay further instalments of the Worcester Transport Strategy contribution under the First Section 106 Agreement having, upon the grant of reserved matters for the Second Planning Permission, elected to carry out...