Waltham Forest LBC v Oakmesh Ltd and Family Housing Association

摘要

The claimant sought summary judgment against the defendants for an injunction to enforce an obligation (the obligation), contained in an agreement (the agreement) made pursuant to s.106 of the Town and Country Planning Act 1980 (the Act). The first defendant (Oakmesh) did not appear. The second defendant (Family) sought to amend its defence to advance a new argument that, on its true construction, the agreement was not one to which s.106 of the Act in fact applied.rnIn May 1996, the claimant resolved to grant planning permission for residential development of a site, subject to the completion of a s.106 agreement with the developer to ensure the provision of a footpath link through the development including the provision of a ramped footbridge link. On December 20,1996, Oakmesh took a transfer of the development site. It also took a transfer from Railtrack of an adjacent strip of land on which the bridge link was to be constructed. On the same day, planning permission was formally granted for residential development of the site and the agreement was formally entered into by deed between Oakmesh and the claimant. Also on the same day, Oakmesh transferred the site to Family, but not the strip of land acquired from Railtrack. In November 2000, the claimant entered into an agreement under s.38 of the Highways Act 1980 to adopt the roads and footways on the development (the s.38 agreement). Oakmesh failed to construct the bridge link.