The parties disputed whether certain works undertaken amounted to a commencement of operations so as to preserve a planning permission.
Held: Richards LJ equated implementation of planning permission with the start of the permitted works, saying: ‘It was the commencement of the access works that was found to be sufficient to amount to implementation of the planning permission’
Judges:
Maurice Kay VP, Richards, Leveson LJJ
Citations:
[2011] EWCA Civ 908, [2011] 31 EG 53, [2012] JPL 39, [2011] 43 EG 10
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Greyfort Properties Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government Admn 7-Dec-2010
‘The claimant seeks to keep alive a planning permission granted in 1974 for the development of nineteen flats in Torquay. The claimant contends that by virtue of operations carried out on site in January 1978 that planning permission subsists to . .
Cited by:
Cited – Robert Hitchins Ltd, Regina (on The Application of) v Worcesteshire County Council and Others Admn 18-Nov-2014
A planning permission was granted with an agreement under section 106. A second permission was later granted. The court was now asked whether the section 106 agreement applied also to the second permission.
Held: As a matter of law, the . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 17 September 2022; Ref: scu.442253