Source: All England Reporter
Publisher Citation: [2002] All ER (D) 526 (May)
Neutral Citation: [2002] EWHC 1090 (Admin)
Court: Administrative Court
Judge:

Richards J
Representation David Elvin QC and Thomas Hill (instructed by Marrons) for the claimant.
  Philip Sales and Sarah Moore (instructed by the Treasury Solicitor) for the first defendant.
  Anthony Dinkin QC (instructed by Osborne Clarke) for the third defendant.
Judgment Dates: 31 May 2002

Catchwords

Town and country planning - Permission for development - Application for permission - Permission originally granted for retail warehouse in 1996 - Permission erroneously failing to include conditions - Site subsequently purchased by company seeking to apply for permission to develop food store - Secretary of State granting permission - Secretary of State having regard to fall back position of original permission granted - Claimant objecting to grant of permission - Claimant contending Secretary of State wrongly balancing planning merits with fall back position - Whether Secretary of State in error.

The Case

The Secretary of State had not erred when he had granted planning permission to develop a supermarket on a site, contrary to the development plan, in circumstances where he had had regard to the adverse fall back position of the implementation of a prior permission which had been erroneously issued without appropriate conditions.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary