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Land sale prevented by prior agreement to obtain planning consent
Practical Law UK Legal Update Case Report 4-367-0976 (Approx. 6 pages)
Land sale prevented by prior agreement to obtain planning consent
by PLC Property
Berkeley Community Villages Ltd and another v F. Pullen, K. Pullen and A. Pullen [2007] EWCH 1330 (Ch).
The parties entered into an agreement whereby Berkeley would use its planning expertise to try and obtain a valuable planning consent for land owned by the Pullens. If successful, Berkeley would be entitled to a significant fee.
The agreement did not contain an express clause preventing the Pullens from selling the land whilst the agreement was still in force despite the fact that the agreement was not binding on successors in title to the Pullens' interest.
A buyer offered 35 million pounds for the land and the Pullens wanted to sell the land to them. Berkeley obtained an interim injunction preventing the sale.
The case considers the interpretation of the other clauses in the agreement in order to give effect to the agreed common purpose of the parties and the justified expectations of Berkeley that the land would not be sold while the agreement remained in force.
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Resource ID 4-367-0976© 2024 Thomson Reuters. All rights reserved.
Published on 12-Jun-2007
Resource Type Legal update: case report
Jurisdictions
Related Content- England
- Wales