Castlebay Limited v Asquith Properties Limited
Castlebay Limited v Asquith Properties Limited
- 2005
[2005] EWCA Civ 1734, 7 December 2005. Considers whether an application for approval of reserved matters was or was not a decision in respect of a planning permission. Appeal by A against a decision that an option to purchase land granted to C had determined. C sought a declaration that A was not entitled to exercise the option. The judge held that the option period had not been extended under the terms of the agreement because A was not waiting for any decision in respect of a planning application at the termination date. A contended that the expression planning application in the agreement included an application for approval of reserved matters since the development could not proceed without it. "Held": appeal dismissed. There is a common distinction throughout planning legislation between an application for planning permission and an application for approval of reserved matters. The judge had been correct to hold that the application for approval of reserved matters was not an application for planning permission capable of extending the termination date of the option agreement. There was no reason to enlarge the meaning of the terms.
R V BRADFORD UPON AVON URBAN DISTRICT COUNCIL EX P BOLTON
TOWN AND COUNTRY PLANNING ACT 1990 S57(1)
HARGREAVES TRANSPORT V LYNCH
CASTLEBAY LTD V ASQUITH PROPERTIES LTD
TOWN AND COUNTRY PLANNING ACT 1990 S58(1)
[2005] EWCA Civ 1734, 7 December 2005. Considers whether an application for approval of reserved matters was or was not a decision in respect of a planning permission. Appeal by A against a decision that an option to purchase land granted to C had determined. C sought a declaration that A was not entitled to exercise the option. The judge held that the option period had not been extended under the terms of the agreement because A was not waiting for any decision in respect of a planning application at the termination date. A contended that the expression planning application in the agreement included an application for approval of reserved matters since the development could not proceed without it. "Held": appeal dismissed. There is a common distinction throughout planning legislation between an application for planning permission and an application for approval of reserved matters. The judge had been correct to hold that the application for approval of reserved matters was not an application for planning permission capable of extending the termination date of the option agreement. There was no reason to enlarge the meaning of the terms.
R V BRADFORD UPON AVON URBAN DISTRICT COUNCIL EX P BOLTON
TOWN AND COUNTRY PLANNING ACT 1990 S57(1)
HARGREAVES TRANSPORT V LYNCH
CASTLEBAY LTD V ASQUITH PROPERTIES LTD
TOWN AND COUNTRY PLANNING ACT 1990 S58(1)