S106 Agreement: use of education contribution: certainty of project

Thompson v Conwy County Borough Council [2019] EWHC 746 (Admin)

para 34:
“Whilst Ms Watkin submits, reliant on the evidence provided some months after the decision, that the answer provided to Councillor Eeles in relation to the provision of the school is far more hedged around with further administrative and legal steps which it will be necessary for the authority to go to before a new school should be secured, Mr Jones does provide the reassurance that he has been successful with every business case that he has submitted to the Welsh Government hitherto. Whilst, no doubt, there is no room for complacency, what Mr Jones is stating in the email of the 18thSeptember 2018 is not in substance different from the succinct email he sent to Ms Roberts earlier in the year, namely that the Education Section of the Defendant has it in mind to use the commuted sum towards the redevelopment of the school in Llanddulas within five years. In my view it would subject the advice that the members were given to an illegitimate and overly forensic scrutiny to suggest that it was necessary also to spell out the further statutory and administrative processes which would be required before the new school would be open for use. …” (Mr Justice Dove)

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