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Council’s failure to tie section 106 obligation to section 73 permission means section 73 development takes free of obligations (Norfolk Homes v North Norfolk DC)

Published on: 24 August 2020
Published by: LexisPSL
  • Council’s failure to tie section 106 obligation to section 73 permission means section 73 development takes free of obligations (Norfolk Homes v North Norfolk DC)
  • What are the practical implications of this case?
  • What was the background?
  • Legal background
  • Factual background
  • What did the court find?
  • Was the 2012 Obligation triggered by development carried out under the 2015 Permission
  • Should additional words be implied into the 2012 Obligation?
  • Case details

Article summary

Planning analysis: In Norfolk Homes v North Norfolk DC, the High Court granted a declaration that development permitted by a section 73 permission could be carried out without triggering obligations in a section 106 obligation entered into with the original permission. North Norfolk District Council (the Council) had failed to require a section 106 obligation or deed of variation to be entered into before granting the section 73 permission, and failed to convince the court that on a proper interpretation of the documents, or through implying terms into the existing section 106 obligation, it should nevertheless continue to apply. or take a trial to read the full analysis.

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