000			02778cad a22002775a 4500
001			L145341
008			080930e20080225xxk f v 000 0 eng d
035			_a(Sirsi) u145341
041	0		_aeng
245	0	0	_aSouthampton City Council v Hallyard Ltd _h[electronic resource]
260			_c2008
520			_a[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			_aAdvanced
590			_aKA
650	2	4	_aSOUTHAMPTON CITY COUNCIL V HALLYARD LTD
650	2	4	_aBARCLAYS BANK LTD V QUISTCLOSE INVESTMENTS LTD
650	2	4	_aPLANNING AND COMPENSATION ACT 1991 S12
650	2	4	_aTOWN AND COUNTRY PLANNING ACT 1990 S106
650	2	4	_aLOCAL GOVERNMENT ACT 1972 S111
650	2	4	_aLOCAL LAND CHARGES ACT 1975
650	2	4	_aPENNINE RACEWAY LIMITED V KIRKLEES METROPOLITAN COUNCIL
651		4	_aEngland and Wales _y1543-
690			_aResidential property _96266
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/Ch/2008/916.html _zView the item free of charge online at www.bailii.org...
942			_n0
999			_c108765 _d108765