Wimpey Homes Holdings Ltd v SoS Environment and Winchester CC
Wimpey Homes Holdings Ltd v SoS Environment and Winchester CC
- 1993
- Journal of Planning and Environment Law 1993 JPL 919-923(5) .
QBD 27 January 1993. Residential development - unilateral undertaking - provision of open space - adequacy of lump sum to maintain open space - company undertook to transfer land to the Council - no restriction on the use or develoment of the land in unilateral undertaking - an undertaking to transfer land to another was not in itself entering into an obligation restricting the development or use of the land within s106(1)(a) - s106(1) (a) did not enable a developer to compel another to accept title to land and to compel the authority to obtain the objective of restricting further development or use of that land.
OPEN SPACE
RESTRICTED DEVELOPMENT
TOWN AND COUNTRY PLANNING ACT 1990 S106
TRANSFER OF LAND
QBD 27 January 1993. Residential development - unilateral undertaking - provision of open space - adequacy of lump sum to maintain open space - company undertook to transfer land to the Council - no restriction on the use or develoment of the land in unilateral undertaking - an undertaking to transfer land to another was not in itself entering into an obligation restricting the development or use of the land within s106(1)(a) - s106(1) (a) did not enable a developer to compel another to accept title to land and to compel the authority to obtain the objective of restricting further development or use of that land.
OPEN SPACE
RESTRICTED DEVELOPMENT
TOWN AND COUNTRY PLANNING ACT 1990 S106
TRANSFER OF LAND