On or around 26 January 2018 the Claimant acquired land at the rear of Chantreyland, New Road, Chequers Lane, Eversley Cross, Hook, Hampshire ("the land") from Oakford Homes ("Oakford"). The land had the benefit of conditional planning permission granted by the Defendant to a previous owner on 24 February 2015 for the construction of six houses. That permission was subject to an agreement, made under section 106 of the Town and Country Planning Act 1990 ("the 1990 Act"), which bound the then owner of the land and also any successor in title, including the Claimant.
A further planning permission was granted to the Claimant in 2019 and, in connection with that grant, the Claimant entered into a variation of the section 106 agreement on 26 March 2019.
By February 2019 the six permitted dwellings had been built. However, clause 14 of the agreement prevented the marketing of four of them and continues to do so unless its effects have been exhausted in some way.
The Developer took the council to court and lost.
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