R (on the application of Robert Hitchins Ltd) v Worcestershire County Council

Town and country planning – Permission for development. The issue before the Planning Court was whether an obligation imposed by an agreement under s 106 of the Town and Country Planning Act 1990 entered into by the claimant had survived a second grant of planning permission identical to the first, save for that obligation. The court held that, as a matter of law, the developer had been able to elect to continue and complete the development under the second planning permission, rather than the first planning permission. Further, it had, in fact, elected to continue and complete the development under the second planning permission.

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