||All England Reporter
|| All ER (D) 174 (May)
||Court of Appeal, Civil Division
Brooke, Carnwath LJJ and Nelson J
||Stephen Hockman QC and William Upton (instructed by Richard Buxton of Cambridge) for the claimant.
||Elizabeth Appleby QC and Gillian Carrington (instructed by Peter Robinson) for the authority.
||14 May 2003
Town and country planning - Planning permission - Conditional permission - Secretary of State allowing council permission to develop subject to condition for provision of mitigation site - Authority deciding on mitigation site - Lawfulness of decision.
The planning authority had not been in error in failing to consider the respective merits of other mitigation sites where it had been correctly advised that the acceptability in principle of one particular site had been settled. Further, where a condition to a planning permission was not a reserved matter as defined in s92 of the 1990 Act, but was an off-site mitigation measure imposed by the Secretary of State, it was therefore subject to the five year time limit in s91 of the 1990 Act and not the three year limit in s92.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary