Penwith District Council v Secretary of State for the Environment: QBD 1977

The second respondents had a factory. They sought planning permission to extend it, and this was granted with conditions, against which the land-owners appealed, saying that the first defendant had misused the opportunity to seek to impose conditions on the existing development.
Held: When an application was made, an authority might grant permission attaching conditins which would affect an existing authorised us and without offering compensation. The new conditions must however relate to the development now permitted. That applied in this case, and the conditions were not ultra vires.

Citations:

[1977] JPL 371, [1977] 34 P and CR 269

Jurisdiction:

England and Wales

Planning

Updated: 04 May 2022; Ref: scu.260046