Source: All England Reporter
Publisher Citation: [2002] All ER (D) 259 (Jan)
Court: Administrative Court
Judge:

Sullivan J

Representation David Holgate QC and David Forsdick (instructed by Veale Wansborough, Bristol) for E Ltd.
  Timothy Mould (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 29 January 2002

Catchwords

Town and country planning - Permission for development - Condition - Gravel extraction - Legislation imposing conditions - Mineral planning authority seeking to limit permission to 2000 - Whether authority entitled to limit life of permission - (c).

The Case

Paragraph 2(1)(c) to Sch 2 of the did not allow mineral planning authorities to reduce the 60 year period, from 2042, without the payment of compensation. Moreover, no shorter period could be imposed under para's 2(1)(a) or (b), since the time period was specifically dealt with under the provisions of para 2(1)(c).

Practice Areas

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