Persimmon Homes Limited v Harding Estates (East Anglia) Limited & Anor

Facts

Under a Sale and Purchase Agreement dated 17 September 2021, Harding Estates (East Anglia) Limited sold Persimmon Homes Limited part of a site at Harwich with outline planning permission for up to 297 dwellings. HIM Properties Limited, which owned neighbouring land, was also a party. Completion took place on 14 March 2022. Schedule 2 required Persimmon to procure the completion within two years of infrastructure and drainage works, including a new roundabout on the A120, a spine road and an attenuation pond. Persimmon was also to seek the seller's prior approval to the location of any attenuation pond. Paragraph 8.2 entitled Persimmon to an extension of time where it was delayed because the seller unreasonably withheld or delayed approval. The works were not completed by the deadline. Persimmon said it had sought approval to relocate the pond in four emails sent between March 2022 and October 2023 to Mr Saunders, who had in fact left Harding's employment. After a letter of claim alleging three breaches, Persimmon issued proceedings seeking negative declarations, a declaration that it was entitled to an extension of time and an injunction against the exercise of step-in rights. The Defendants counterclaimed and applied under CPR 24 for summary judgment, which was pursued on Claim 2 alone, together with an interim payment.