An overage agreement provided that overage would be paid on the grant of "Planning Permission". Planning Permission was in turn defined as "any detailed planning permission which grants planning permission for the construction of Units". Outline planning permission was granted with various matters reserved, when those reserved matters were approved the landowner argued that the trigger condition had been satisfied and the overage was payable. The developer argued that the overage agreement required detailed planning permission; there was no detailed planning permission and therefore no trigger event had taken place.
"Outline planning permission" is defined under the legislation but "detailed planning permission" is not. The judge held that the approval of the reserved matters pursuant to the outline permission did satisfy the condition and accordingly overage was payable.
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