Crawley BC v SoS for the Environment and Fairbriar Homes Ltd
Crawley BC v SoS for the Environment and Fairbriar Homes Ltd
- 1993
- Journal of Planning and Environment Law (1993) JPEL 148-152 (5) .
QBD 3 March 1992. An obligation by the developer to retain some open space for public use in the proposed development was contained, not in a s106 agreement but in the description of the development. At issue in the appeal was whether assurances by the developer that the open space would have public access could be a material consideration.
DEVELOPERS
MATERIAL CONSIDERATIONS
OPEN SPACE
PLANNING AGREEMENTS
PUBLIC ACCESS
RESIDENTIAL DEVELOPMENT
TOWN AND COUNTRY PLANNING ACT 1990 S106
QBD 3 March 1992. An obligation by the developer to retain some open space for public use in the proposed development was contained, not in a s106 agreement but in the description of the development. At issue in the appeal was whether assurances by the developer that the open space would have public access could be a material consideration.
DEVELOPERS
MATERIAL CONSIDERATIONS
OPEN SPACE
PLANNING AGREEMENTS
PUBLIC ACCESS
RESIDENTIAL DEVELOPMENT
TOWN AND COUNTRY PLANNING ACT 1990 S106