- Court of Appeal finds unilateral undertaking insufficient to cure erroneous condition (Ikram v Secretary of State for Housing, Communities and Local Government)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Planning analysis: The Court of Appeal has upheld the decision of the High Court quashing the grant of planning permission by a planning inspector, notwithstanding a unilateral undertaking having been entered into by the landowner whose intent was to cure the recognised defect in a condition to which the grant of permission had been made subject. While a unilateral undertaking (or section 106 agreement) was in principle capable of curing a defect in the prior planning process, it failed to do so in the instant case because the error was so fundamental. Written by Riccardo Calzavara, barrister, at Cornerstone Barristers.
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