Nobody ever said that the law is consistent, but this latest case on the use of section 73 consents proves that it isn't.
The High Court has held that you cannot imply terms into a section 106 agreement that the parties intended that the agreement would bind subsequent planning permissions granted under section 73. North Norfolk Council had granted a section 73 permission and in doing so had forgotten to link it to the section 106 agreement that had been entered into in respect of the original consent. They then argued that it was implied that the agreement would bind such consents.
In rejecting this argument the Court was fully aware that only last year the Supreme Court had ruled in Lambeth that when interpreting a section 73 permission it is possible to imply the imposition of the conditions that were on the original permission, if the Council has not reimposed them on the section 73 consent.
Now I can't find a flaw in the High Court's ruling, which makes me think (again) that maybe the Supreme Court had applied just a little too much common sense in the Lambeth case. Oh well......
Developer not tied to original planning obligation after permission updated, High Court rules