Landmark Chambers

Home > Resources > Cases


R (on the application of Millgate Homes Ltd) v Wokingham Borough Council (CA)

DATE: 06 Jul 2011

Judicial review; planning obligations; enforcement

Guy Williams acted for the Council in the Court of Appeal and in the High Court.
This case raised issues of enforcement of planning obligations under section 106 TCPA 1990. The Court of Appeal considered whether section 38(6) of the 2004 Act applies to decisions to enforce, and considered whether the Council could rationally enforce an obligation where an inspector had considered it to be unnecessary. The Council was justified in enforcing the obligation, held the Court of Appeal.