21 July 2011
R (on the application of Millgate Developments Ltd) v Wokingham Borough Council [2011] All ER (D) 46 (Jul)
While it was normal for a planning obligation to be undertaken or offered in connection with an application for planning permission and to be expressed as conditional upon the grant of the permission, it was settled law that once that condition had been satisfied, the planning obligation became binding and could not be challenged by the developer or his successor in title on the ground that it lacked a sufficient nexus with the proposed development.
