In York City Council v Trinity One (Leeds) Ltd [2017] EWHC 318 (Ch) the claimant LPA sought payment from the respondent property developer pursuant to a s106 agreement to pay a sum of money in lieu of providing affordable housing. The developer then applied to modify the s106 agreement by removing the affordable housing payment obligation. The LPA dismissed that application. The dismissal was subject to appeal. The Judge held that if the appeal was successful that would extinguish the payment liability with retrospective effect.
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