Conditions: requiring developer to dedicate land as public highway

DB Symmetry Limited  v Swindon Borough Council and SSHCLG  [2020] EWCA Civ 1331 –

  1. I consider that, at least at this level in the judicial hierarchy, a condition that requires a developer to dedicate land which he owns as a public highway without compensation would be an unlawful condition. Whether the unlawfulness is characterised as the condition being outside the scope of the power because it requires the grant of rights over land rather than merely regulating the use of land; or whether it is a misuse of a power to achieve an objective that the power was not designed to secure; whether it is irrational in the public law sense, or whether it is disproportionate does not seem to me to matter. In my judgment Hall establishes a recognised principle which is binding on this court.

https://www.bailii.org/ew/cases/EWCA/Civ/2020/1331.html

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