Source: All England Reporter
Publisher Citation: [2003] All ER (D) 174 (May)
Court: Court of Appeal, Civil Division

Brooke, Carnwath LJJ and Nelson J

Representation 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.
Judgment Dates: 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 Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.