Cases - R v Canterbury City Council, ex parte Springimage Ltd
Record details
- Name
- R v Canterbury City Council, ex parte Springimage Ltd
- Date
- [1993]
- Citation
- 3 PLR 58
- Legislation
- Keywords
- Planning control
- Summary
-
The council resolved to enter into a section 106 agreement which would include a provision restricting the developer's freedom to connect to the present, inadequate, sewage system. (So sewerage works would have to be undertaken.) It was contended that section 106 does not provide for agreements about requisitioning sewers.
The judge held that the desired result could be achieved by a negative provision in the agreement restricting the development of the application site until proper sewerage arrangements had been made.