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Court of Appeal decision on requirement for consent

In Eastleigh Borough Council v Town Quay Investments Ltd [2009] EWCA Civ 1391, the Court of Appeal upheld the decision of Etherton J that, where a reservation of a right of way was made subject to the consent of the Council’s Director of Planning and Development, consent could not be unreasonably withheld and any refusal must be based upon considerations within the purview of that officer’s functions. In so holding, the Court of Appeal applied the recent guidance given by Lord Hoffmann in Attorney General of Belize v Belize Telecom [2009] 1 WLR 1988 concerning the implication of contractual terms. Jonathan Gaunt QC represented the Respondent.

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