Southampton City Council v Hallyard Ltd (Record no. 108765)

MARC details
000 -LEADER
fixed length control field 02778cad a22002775a 4500
001 - CONTROL NUMBER
control field L145341
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 080930e20080225xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u145341
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Southampton City Council v Hallyard Ltd
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWHC 916 (Ch) 25 February 2008. A local authority was unable to rely upon the Town and Country Planning Act 1990 S106 to enforce planning obligations upon a successor in title where the agreement failed to specify the original interest in the land and did not meet the formal requirements of S106. Claimant local authority (S) brought proceedings against property developer (H) for the determination of the effect of an agreement for the development of land. H had purchased land potentially affected by an earlier agreement between the previous owner (C), another developer (B) and S. S had agreed to grant planning permission to B for another site as it was willing to pay S a sum of money for the development of affordable housing on C's land. C was granted residential planning permission for land it owned and provided with money by S as long as it agreed to build 25% affordable housing on the site for which planning permission had been granted. If it did not use the money it was to be returned. C then sold the land to H and kept this money. It fell to determine: (1) how the agreement between B, C and S was to operate; (2) whether H was bound by the agreement; (3) whether C's obligations fell under S106 or (4) whether there was anything to prevent S106 applying; (5) whether the formal requirements of S106 had been met and (6) the consequences if they hadn't. Held: (1) B had complied with the agreement with S and C could not have kept the money provided for S for anything other than the creation of affordable housing. (2) C had a contractual agreement with S, which did not pass with the land as a restrictive covenant. (3-6) It was found that C's obligations were not planning obligations as they did not satisfy S106(9)(C) and therefore they could not pass to H as successors in title.
521 ## - TARGET AUDIENCE NOTE
Target audience note Advanced
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SOUTHAMPTON CITY COUNCIL V HALLYARD LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BARCLAYS BANK LTD V QUISTCLOSE INVESTMENTS LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PLANNING AND COMPENSATION ACT 1991 S12
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING ACT 1990 S106
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LOCAL GOVERNMENT ACT 1972 S111
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LOCAL LAND CHARGES ACT 1975
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PENNINE RACEWAY LIMITED V KIRKLEES METROPOLITAN COUNCIL
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Residential property
9 (RLIN) 6266
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Ch/2008/916.html">https://www.bailii.org/ew/cases/EWHC/Ch/2008/916.html</a>
Public note View the item free of charge online at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 30/09/2008   ONLINE PUBLICATION 145341-1001 06/08/2019 1 06/08/2019 Law report