| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 384 (May) |
| Neutral Citation: | [2005] EWCA Civ 644 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Auld, Latham and Jacob LJJ |
| Representation | Jonathan Small (instructed by Hugh Cartwright & Amin) for the claimants. |
| Edwin Johnson (instructed by CMS Cameron McKenna LLP) for the authority. | |
| Judgment Dates: | 25 May 2005 |
Catchwords
Town and country planning - Development - Planning agreement - Claim that local authority having repudiated agreement - Statutory scheme precluding claim based on repudiation - , s 106.
The Case
Where an agreement made pursuant to s106 of the required the claimants to deposit a sum of money from which the defendant local authority would be entitled to draw down sums necessary to carry out certain highway improvements, s106A(1) precluded the claimants from seeking the discharge of that obligation under the guise of a claim that the authority had repudiated the agreement
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