Case law: Beazer Homes Limited v Stroude
Ross, Jonathan
Case law: Beazer Homes Limited v Stroude - 2005 - Property Week 70(15) 15 April 2005, 67(1) .
Discusses the case Beazer Homes v Peter Stroude ([2005] EWCA Civ 265) where the parties disagreed over the construction of an agreement made in relation to the Town and Country Planning Act 1990 s106 and the Highways Act 1980 concerning a development involving the construction of a bypass. The dispute was over whether Stroude (S) had a right over certain land for the construction of the bypass. S claimed s106 agreement gave him express right of access but the appellants (B) claimed there should be mutual rights which had been the subject of earlier negotiations. The appeal was dismissed: the court held that it could only consider the factual background of the agreement not the intentions of the parties.
TOWN AND COUNTRY PLANNING ACT 1990 S106
HIGHWAYS ACT 1980
BEAZER HOMES LIMITED V PETER STROUDE
Case law: Beazer Homes Limited v Stroude - 2005 - Property Week 70(15) 15 April 2005, 67(1) .
Discusses the case Beazer Homes v Peter Stroude ([2005] EWCA Civ 265) where the parties disagreed over the construction of an agreement made in relation to the Town and Country Planning Act 1990 s106 and the Highways Act 1980 concerning a development involving the construction of a bypass. The dispute was over whether Stroude (S) had a right over certain land for the construction of the bypass. S claimed s106 agreement gave him express right of access but the appellants (B) claimed there should be mutual rights which had been the subject of earlier negotiations. The appeal was dismissed: the court held that it could only consider the factual background of the agreement not the intentions of the parties.
TOWN AND COUNTRY PLANNING ACT 1990 S106
HIGHWAYS ACT 1980
BEAZER HOMES LIMITED V PETER STROUDE