A claim by the trustees of the Sambrooke Trust to a repurchase option in respect of part of Stockwood Estate at Caddington, near Luton, Bedfordshire, is underway at the High Court.
The trustees sold the land to Royce Properties Ltd in 1977 with an option to repurchase all or part of the land in the event that planning permission was obtained within 20 years. The trustees claim that Royce obtained planning permission in April 1997 and under the terms of the option, copies of which cannot be found, is under an obligation to offer the land back to trustees.
Royce concedes that a change of use from agriculture to allotments occurred, however, says that this does not constitute development within the meaning of section 55 of the Town & Country Planning Act 1990. Royce says that, under the circumstances, the repurchase option is ineffective.
Royce also claims that planning permission was not required to change the use of agricultural land to that of allotments. However, the trustees maintain that planning permission was necessary on the basis that the development required the construction of access points, a roadway and car parking facilities.
The hearing continues.
Smith and others v Royce Properties Ltd Chancery Division (Laddie J) 4 May 2000.
Joseph Harper QC (instructed by Wilsons, of Salisbury) appears for the claimant; Richard Langham (instructed by Knowles Benning, of Shefford) appears for the defendant.
PLS News 8/5/00
