Source: All England Reporter
Publisher Citation: [2002] All ER (D) 421 (Nov)
Neutral Citation: [2002] EWCA Civ 983
Court: Court of Appeal, Civil Division

Brooke, Keene LJJ and Bodey J

Representation 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.
Judgment Dates: 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.

The Case

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.

Practice Areas

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