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Court of Appeal finds unilateral undertaking insufficient to cure erroneous condition (Ikram v Secretary of State for Housing, Communities and Local Government)

Court of Appeal finds unilateral undertaking insufficient to cure erroneous condition (Ikram v Secretary of State for Housing, Communities and Local Government)
Published on: 08 January 2021
Published by: LexisPSL
  • Court of Appeal finds unilateral undertaking insufficient to cure erroneous condition (Ikram v Secretary of State for Housing, Communities and Local Government)
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Article summary

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. or take a trial to read the full analysis.

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