Source: All England Reporter
Publisher Citation: [2010] All ER (D) 66 (Mar)
Neutral Citation: [2009] EWCA Civ 1340
Court: Court of Appeal, Civil Division
Judge:

Sullivan, Ward and Etherton LJJ
Representation Anthony Porten QC and Geoffrey Stephenson (instructed by DMH Stallard) for the first claimant.
  The second claimant appeared in person.
  Paul Brown (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 12 November 2009

Catchwords

Town and country planning - Permission for development - Outline permission - Development commencing in breach of permission conditions - Planning inspector finding that time in which lawful start could be made on site lapsing - Judge allowing claimants' appeal - Whether judge erring - Whether period for enforcement against operations expiring - s 195.

The Case

Town and country planning Permission for development. The Court of Appeal, Civil Division, found that the planning inspector had been correct in his finding that a planning permission granted in 1981 to develop a site, and the approval in connection with reserved matters, granted in 1985, had lapsed. Accordingly, it had not been possible to lawfully commence the permission in 1987, and the claimants' appeal under s195 of the had to be dismissed.

Practice Areas

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