000			01545cab a2200217 4500
001			L130064
008			050620n2005 000 0 eng u
035			_a(Sirsi) u130064
041			_aeng
100			_aEdwards, Martin
245			_aIt's all a question of trust
260			_c2005
490			_aEstates Gazette _v(0523) 11 June 2005, 138(1)
520			_aExamines "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			_aIKA210605
650			_aPATEL V BRENT LONDON BOROUGH COUNCIL
650			_aTOWN AND COUNTRY PLANNING ACT 1990 S106
690			_aPlanning and development _96259
700			_aMartin, John
942			_n0
999			_c75431 _d75431