R (The Garden and Leisure Group Ltd) v North Somerset Council & Anor [2003] EWHC 1605 (Admin)
The point in plain English: A section 106A application to modify a planning obligation is determined by asking whether the obligation still serves a useful purpose and, if so, whether the modification sought would serve that purpose equally well.
What the High Court decided
The High Court held that the statutory test is directed to the continuing purpose of the planning obligation. The useful purpose need not necessarily be identical to the precise purpose originally contemplated when the obligation was entered into.
The court also confirmed an important procedural point: a modification application must be determined as made. If some proposed modifications are acceptable and others are not, the authority cannot simply approve the acceptable parts. It can invite an amended or fresh application, but otherwise the statutory decision is effectively all or nothing.
Why Garden and Leisure matters
The case remains useful when dealing with older section 106 obligations and applications for modification or discharge under section 106A.
See Planning Geek’s guide to modifying or discharging an old section 106 agreement.
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