000 02017cab a2200229 4500
001 ##L132670
008 060227n2005 000 0 eng u
035 _a(Sirsi) u132670
041 0 _aeng
245 0 0 _aCastlebay Limited v Asquith Properties Limited
260 _c2005
520 _a[2005] EWCA Civ 1734, 7 December 2005. Considers whether an application for approval of reserved matters was or was not a decision in respect of a planning permission. Appeal by A against a decision that an option to purchase land granted to C had determined. C sought a declaration that A was not entitled to exercise the option. The judge held that the option period had not been extended under the terms of the agreement because A was not waiting for any decision in respect of a planning application at the termination date. A contended that the expression planning application in the agreement included an application for approval of reserved matters since the development could not proceed without it. "Held": appeal dismissed. There is a common distinction throughout planning legislation between an application for planning permission and an application for approval of reserved matters. The judge had been correct to hold that the application for approval of reserved matters was not an application for planning permission capable of extending the termination date of the option agreement. There was no reason to enlarge the meaning of the terms.
590 _aIKA280206
650 2 4 _aR V BRADFORD UPON AVON URBAN DISTRICT COUNCIL EX P BOLTON
650 2 4 _aTOWN AND COUNTRY PLANNING ACT 1990 S57(1)
650 2 4 _aHARGREAVES TRANSPORT V LYNCH
650 2 4 _aCASTLEBAY LTD V ASQUITH PROPERTIES LTD
650 _aTOWN AND COUNTRY PLANNING ACT 1990 S58(1)
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL-PLANNING APPLICATIONS
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/1734.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c76549
_d76549