QBD 22 April 1994. Trustees (T) applied to the council (S) for consent for a 36-hole golf course in an Area of Outstanding Natural Beauty stating that the purpose was to generate funds for the repair of listed buildings on the estate. T entered into a unilateral undertaking to dispose of the golf course and to use the income for the repair of the buildings over 20 years. An Inspector granted planning permission stating that although harm would be caused to the character and appearance of the area it would be outweighed by the advantages of the proposals. S applied to quash the decision on the grounds that the unilateral undertaking did not constitute a planning obligation under Town and Country Planning Act 1990 s106(1) and that the undertaking was contingent on matters that were uncertain ie the obtaining of sufficient funds from the sale of the land. Application dismissed on the grounds that the agreement did not constitute a planning obligation.