Mitchem and Edmunds v Magnus Homes South West Ltd
Mitchem and Edmunds v Magnus Homes South West Ltd
- 1997
- Property, planning & compensation reports [1997] 74 P&CR 235-245(11) .
CA 5 December 1996. Agreement to sell land to developer (Magnus) for housing project, subject to developer obtaining planning permission within a set timeframe. Agreement for service of notice to determine agreement if planning permission not obtained. Permission was not obtained and failure to service notice. The parties entered into further negotiations - permission obtained outside stated time. Developer sought to enforce agreement. Whether agreement still existing and the effect of failure to serve notice to determine. Whether developer continued to have an interest in the land after expiry of time limit. Appeal by developer dismissed. Developer ceased to have interest in the property once the first contract period as extended had expired.
EXPIRY DATE
FARM LAND
HOUSING
INTEREST IN LAND
LAND CHARGES
LAND DEVELOPMENT
PLANNING PERMISSION
SERVING NOTICES
CA 5 December 1996. Agreement to sell land to developer (Magnus) for housing project, subject to developer obtaining planning permission within a set timeframe. Agreement for service of notice to determine agreement if planning permission not obtained. Permission was not obtained and failure to service notice. The parties entered into further negotiations - permission obtained outside stated time. Developer sought to enforce agreement. Whether agreement still existing and the effect of failure to serve notice to determine. Whether developer continued to have an interest in the land after expiry of time limit. Appeal by developer dismissed. Developer ceased to have interest in the property once the first contract period as extended had expired.
EXPIRY DATE
FARM LAND
HOUSING
INTEREST IN LAND
LAND CHARGES
LAND DEVELOPMENT
PLANNING PERMISSION
SERVING NOTICES