Court upholds Redrow’s planning case in Leckhampton
Redrow has won a judgement in the case vs Martin Dawn (Leckhampton) Limited, preventing a landowner from forcing it to meet specific "best endeavours" contractual commitments. Redrow took action when the landowner refused to sign planning permission that the housebuilder had achieved with Gloucestershire County Council and Tewkesbury Borough Council, on the grounds that the Net Developable Area and allocation of social housing did not meet the percentage of the "best endeavour" clause in the agreement between the two parties. The judge ruled that while he agreed those clauses could be contested, they did not give sufficient reason for the landowner to prevent Redrow from concluding the planning permission it had secured.

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IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

MANCHESTER DISTRICT REGISTRY



B e f o r e :

HIS HONOUR JUDGE HODGE QC

(Sitting as a Judge of the High Court)

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REDROW HOMES LIMITED

Claimant

- and -



MARTIN DAWN (LECKHAMPTON) LIMITED

Defendant



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Digital Transcription by Marten Walsh Cherer Ltd.,

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Mr Edward Bartley Jones QC (instructed by Redrow Homes Limited Legal Department) for the Claimant.

Mr David Holland QC (instructed by Taylor Wessing LLP) for the Defendant.

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