Cases - Wimpey Homes Holdings v Secretary of State for the Environment and Winchester City Council

Record details

Name

Wimpey Homes Holdings v Secretary of State for the Environment and Winchester City Council

Date

[1993]

Citation

2 PLR 54

Keywords

Planning control

Summary

Wimpey sought planning permission for development which would necessitate the provision of open space. Wimpey executed a deed containing unilateral undertakings to transfer the open space to the city council and to pay a lump sum for its maintenance, subject to the grant of permission. The council considered the lump sum to be inadequate and permission was refused. One of the issues in subsequent proceedings in the High Court was whether the unilateral undertaking was a valid obligation under section 106. It was held that it was not. Without covenants on the part of the council it did not impose a restriction on development or use. Nevertheless, it was a material consideration to be taken into account in determining the application. The judge suggested that Wimpey could put forward a deed imposing restrictions on land to secure the provision of open space and either retain that land or transfer it to a trustee.