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Option - 'planning application' |
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An option to buy had to be exercised within the option period, but it could
be deferred pending a ‘decision in respect of a planning application’.
But, what did ‘planning application’ mean? Not surprisingly, it was held
that it meant an application for either a full planning permission or an
outline planning permission; it did not mean an application for approval
of reserved matters in respect of outline permission.
We mention this decision not because it decides anything new, but
because the wording is commonly encountered, and also because it serves as a useful reminder of the need to always precisely defining
even the most straightforward terms. Castlebay v Asquith Properties
[2005] EWCA Civ 1734.
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March 2006 |
