Source: All England Reporter
Publisher Citation: [2002] All ER (D) 490 (Oct)
Neutral Citation: [2002] EWHC 2349 (Admin)
Court: Administrative Court
Judge:

Sullivan J

Representation Robert McCracken (instructed by Steele & Co, Norwich) for the claimant.
  Paul Brown (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 10 October 2002

Catchwords

Town and country planning - Planning permission - Conditional permission - Variation of conditions - Refusal to vary - Appeal - Reasonableness of decision.

The Case

The Secretary of State's planning inspector had not erred in refusing to vary a condition requiring a hot food take away to close between midnight and 11.30am, and had been entitled to conclude that an extension in opening hours would be likely to result in an unacceptable increase in noise and disturbance.

Practice Areas

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