It's all a question of trust (Record no. 75431)

MARC details
000 -LEADER
fixed length control field 01545cab a2200217 4500
001 - CONTROL NUMBER
control field L130064
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050620n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u130064
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Edwards, Martin
245 ## - TITLE STATEMENT
Title It's all a question of trust
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation (0523) 11 June 2005, 138(1)
520 ## - SUMMARY, ETC.
Summary, etc. Examines "Patel v Brent London Borough Council (No2)" ([2005] EWCA Civ 644, L130063), a recent CA judgment, which clarifies important aspects of Town and Country Planning Act 1990 s106 planning agreements. The appellant sought full return of a s106 agreement deposit claiming that the defendant local authority had repudiated the agreement. CA held that the deposit paid to a local authority for works within a s106 agreement created a form of trust under which an authority is empowered to use the money for the purposes of the trust. As the planning obligation was always extant s106A(1) of the Act operated to prevent the discharge of that obligation under the guise of the claimed repudiation of the s106 agreement. Concludes that this decision confirms the status of arrangements under which deposits are paid to local authorities but it is unclear how the ruling will affect the growing number of planning agreements being used for tariff-based payments.
590 ## - LOCAL NOTE (RLIN)
Local note IKA210605
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PATEL V BRENT LONDON BOROUGH COUNCIL
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING ACT 1990 S106
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Planning and development
9 (RLIN) 6259
700 ## - ADDED ENTRY--PERSONAL NAME
Personal name Martin, John
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Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total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     London London Journal article 20/06/2005   L130064 130064-1001 06/08/2019 1 06/08/2019 Journal article