Cases - J A Pye (Oxford) Ltd v South Gloucestershire District Council
Record details
- Name
- J A Pye (Oxford) Ltd v South Gloucestershire District Council
- Date
- [2001]
- Citation
- EWCA Civ 450
- Legislation
- Keywords
- Planning control
- Summary
-
Pye had entered into a section 52 agreement with the highway authority to fund a link road to overcome highway objections to its application for planning permission. In order to build the road, part of a disused railway would have to be purchased and Pye undertook to repay the highway authority the purchase price. When it transpired in Lands Tribunal proceedings that the land would cost £428,000, Pye claimed that the section 52 agreement was void on the basis that the link road had no connection with the development permitted on Pye's land.
The Court of Appeal held that if there were no connection, the planning permission would be void as it would be based on an immaterial consideration.
'But it does not follow that the agreement is in any way infected.' (Lord Justice Latham)
The agreement was within the terms of section 52 (for regulating the development or use of land) and there was nothing to suggest that the highway authority took account of anything other than proper highway or planning considerations when they entered it.