AC-2024-MAN-000347 - [2025] EWHC 2630 (Admin)

Zip World Limited as Operator and Elterwater Firbank Limited as Owner have executed a Deed dated 10 July 2024 in favour of the Defendant as local planning authority [“the Deed”]. The recitals to the Deed record that Elterwater Firbank Limited is the freehold owner of a parcel of registered land which I understand to comprise the quarry site; and that Zip World Limited is taking a lease of that land from Elterwater Firbank Limited. Clause 2.2 of the Deed stated that references to any party in the Deed shall include that party’s successors in title and any person deriving title through or under that party.

Clause 4 of the Deed states that it is made pursuant to section 106 of the 1990 Act. Clause 4.2 provides –

“The covenants restrictions and obligations imposed on the Owner contained in this Deed are all planning obligations for the purposes of section 106 of the Planning Act and are enforceable by the Authority as Local Planning Authority against the Owner but will not take effect until Commencement Date [i.e. of the development]”.

The operative clauses of the Deed do not in fact impose any covenants, restrictions or obligations on the Owner. Instead, clause 5.1 of the Deed contains three covenants on the part of the Operator, Zip World Limited, including –

“5.1

The Operator covenants with the Authority:

5.1.1

To observe the restrictions and perform the obligations set out in the First Schedule”.

The First Schedule to the Deed states –

“The Owners and successors in title covenants with the Authority as follows:

Not to allow operation of the use permitted by the Permission [i.e. the planning permission] until such time as a Full Travel Plan based upon the Travel Plan of 16 April 2024 and the Travel Plan Commitment Statement of 11 March 2024 has been submitted to and approved by the Local Planning Authority, or the Planning Inspectorate as the case may be.

Thereafter to implement the agreed terms of the Full Travel Plan”.