R. (on the application of the Prudential Assurance Co Ltd) v Sunderland City Council and Peel Investments (UK) Ltd

摘要

In August 1988, Sunderland City Council ("the Council") granted planning permission to the interested party for the erection of non-food retail development. On August 8,1988, an agreement had been concluded between the Council, the Commission for New Towns and the interested party pursuant to s.52 of the Town and Country Planning Act 1971 ("the s.52 agreement"). Under cl.l the interested party covenanted not to use the land which was the subject of the planning permission for the sale by retail or otherwise or the provision direct to the public of a number of listed goods and services. Clause 3 of the s.52 agreement provided that nothing in the agreement should be construed as prohibiting or limiting any right to develop the said land or any part of the said land in accordance with planning permission granted by the Council or by the Secretary of State after the date of the agreement. In due course the site ("the Peel Centre") was developed for retail purposes. On July 14, 2006, the Council and the interested party were signatories to