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Castlebay v Asquith [2005] EWCA Civ 1734 [2006] 2 P. & C.R. 22

DATE: 07 Dec 2005

Thomas
Jefferies
acted for Castlebay, the owner of a valuable development site in Bradford. The developer Asquith, held an option which
expired on a fixed date unless an application for planning permission remained
to be determined. The developer obtained an outline consent, but contended that
an outstanding application for approval of reserved matters was a "planning
application" for the purposes of the option agreement. The Court of Appeal rejected
this argument, holding that the grant of outline permission was the planning
permission both in planning law and for the purpose of the agreement.