Cases - South Oxfordshire District Council v Secretary of State for the Environment

Record details

Name

South Oxfordshire District Council v Secretary of State for the Environment

Date

[1994]

Citation

1 PLR 72

Keywords

Planning control

Summary

The trustees of the Mapledurham estate sought planning permission for a 36-hole golf course. The purpose was to fund the repair (at a cost of £1.7m) of a number of listed buildings on the estate. One of the issues was whether a unilateral undertaking for that purpose was a nullity as not falling within the categories in section 106(1). The relevant provision was 'to use all reasonable endeavours to dispose of the site by way of a long building lease or otherwise and thereafter within a period of 20 years to utilise all relevant income' for repairs to the listed buildings and curtilages.

It was held that, although this provision did not fall within paragraph (d), it did fall within paragraph (b) as it required specified operations or activities to be carried out.