A bid by the purchasers of property at Henley on Thames to ward off payment of part of the purchase price on the basis that the vendors had not obtained necessary planning consents, has been dismissed by the High Court.
Gray J today ruled that, although the planning permission obtained included provision for car-parking which was not part of the original scheme planned by the purchasers, Jawyer (Cyprus) Ltd, the “substance of the application was unaffected” and in those circumstances the full payment was due.
Dismissing Jawers claim, the judge said that it was reasonable of solicitors’ firm Willmett & Co to pay over the £250,000 to the vendors, as the condition attached did not “materially encroach” upon the planning permission described in the agreement.
He said: “Some conditions may be so burdensome as to amount to a refusal of planning permission. Other conditions may be described as bolted on. It does not appear to me that in the present case the application became a different one or even an amended one – the substance of the application was unaffected by the conditions imposed.”
Jawer (Cyprus) Ltd v Willmett & Co Queen’s Bench Division (Gray J) 15 March 2001
PLS News 15/3/01
