Our clients have built their own home in the full knowledge of the Section 106 Agreement that restricted occupancy to local persons. At the time of near completion they sought to obtain a mortgage but the banks were unwilling to lend because of the restrictive occupancy condition.
Our clients made an impassioned plea (and formal application) to the Local Planning Authority to discharge the Section 106. The LPA refused and we were brought on board to advise. We advised that an appeal would be worthwhile as there were so many precedents that had seen these types of Agreements discharged in the past.
An appeal was duly lodged and a Hearing requested. In the meantime the LPA, having lost an identical appeal (as they surely would have in our case anyway), changed their minds on our client’s application and referred the matter back to committee. The LPA subsequently approved the discharge of the Section 106, but had allowed an appeal to be lodged and all work done up to the date of the Hearing.
The appeal has been withdrawn and a costs application against the Council is pending…