UK:
What Did "Detailed Planning Permission" Mean In An Overage Agreement?
24 July 2019
Hewitsons LLP
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An overage agreement provided that overage would be paid on the
grant of "Planning Permission". Planning Permission was
in turn defined as "any detailed planning permission which
grants planning permission for the construction of Units".
Outline planning permission was granted with various matters
reserved, when those reserved matters were approved the landowner
argued that the trigger condition had been satisfied and the
overage was payable. The developer argued that the overage
agreement required detailed planning permission; there was no
detailed planning permission and therefore no trigger event had
taken place.
"Outline planning permission" is defined under the
legislation but "detailed planning permission" is not.
The judge held that the approval of the reserved matters pursuant
to the outline permission did satisfy the condition and accordingly
overage was payable.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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