When considering the revocation or modification of a planning consent, any impact on an interested party is a relevant consideration. A planning permission should not have been granted closing a public road without considering its adverse effect on the business of traders relying on it. In the absence of a stopping-up or diversion order, the grant of planning permission does not of itself affect or override any existing rights of property or over a highway On a stopping up order the Secretary of State cannot go behind the planning authority’s decision on the planning issues. It remains, however, a matter for the judgment of the Secretary of State.
Judges:
Nicholls LJ
Citations:
[1991] 2 All ER 77
Jurisdiction:
England and Wales
Cited by:
Cited – Moto Hospitality Ltd v Secretary of State for Transport CA 26-Jul-2007
The company sought damages to its business on a motorway service station when works closed an access road.
Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect . .
Cited – Alnwick District Council v Secretary of State for Environment, Transport and Regions and others Admn 4-Aug-1999
The Council had given planning consent for a superstore, not appreciating the proposed size, which would contravene national planning policy. In the face of the council’s objections, the Secretary of State revoked the permission. The substantial . .
Cited – Health and Safety Executive v Wolverhampton City Council and Another Admn 5-Nov-2009
The claimant sought to have development stopped on a site which it said was too near a site for the storage of liquid petroleum gas.
Held: Collins J allowed the claim and granted declaratory relief that Wolverhampton had failed to: (i) notify . .
Cited – The Health and Safety Executive v Wolverhampton City Council and Victoria Hall Ltd CA 30-Jul-2010
The Council had granted planning pemission for four blocks of student accomodation. The Executive objected that it had not dealt properly with the issue the proximity of a liquified petroleum gas storage depot.
Held: Though there had been some . .
Cited – The Health and Safety Executive v Wolverhampton City Council SC 18-Jul-2012
The Council had granted planning permission for four student housing units. The Executive complained that they were too near to a liquified gas storage depot. The Court was now asked whether the impact of any compensation which might be payable on . .
Lists of cited by and citing cases may be incomplete.
Land, Damages, Planning
Updated: 31 July 2022; Ref: scu.259676