||All England Reporter
|| All ER (D) 421 (Nov)
|| EWCA Civ 983
||Court of Appeal, Civil Division
Brooke, Keene LJJ and Bodey J
||David Holgate QC and Timothy Morshead (instructed by Hammonds Suddards Edge, Leeds) for the claimant.
||Mark Lowe QC and Jonathan Clay (instructed by Bassetlaw District Council Legal Services) for the defendant.
||28 November 2002
Town and country planning - Planning permission - Conditional permission - Planning permission expiring before claimant complying with conditions precedent - No legitimate expectation that local planning authority treating development as having commenced within time limit - s 73.
Section73 of the 1990 Act provided a statutory mechanism by which a person could seek a variation in a condition on a planning permission or the discharge of such condition and thereby imported the safeguards for third parties and the public generally which applied to applications for planning permission. The interests of third parties and the public in such matters greatly reduced the potential for a legitimate expectation to arise. In the instant case, the judge had been entitled to find that any expectation on the claimant developer's part that its works would be treated as a lawful implementation of the outline permission could not have been a legitimate one.
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