Henry Boot Homes Limited v Bassetlaw District Council: CA 28 Nov 2002

The claimant asserted that the behaviour of the local authority gave rise to a legitimate expectation such as to allow them to commence works in breach of a planning condition.
Held: The circumstances under which a claimant might rely upon a legitimate expectation in a planning context will be very rare, and difficult to envisage, because of the presence of interests of third parties. The plea is founded in fairness, and the applicant here was experienced in planning matters, and knew exactly the risks it was running. Planning law is a matter of public interest; and the powers of a local planning authority cannot be fettered by private arrangements between developers and planning authorities.


Lord Justice Brooke, Lord Justice Keene, Mr Justice Bodey


Times 16-Dec-2002, Gazette 19-Dec-2002, [2002] EWCA Civ 983, [2002] 4 PLR 108, [2003] P and CR 372, [2002] All ER (D) 421




England and Wales

Cited by:

CitedRowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
CitedFowles v Heathrow Airport Ltd ChD 15-Feb-2008
The landlord had opposed the tenant’s application to renew his tenancy, and the tenant also claimed title to additional land by adverse possession. The tenant asserted various business uses, some of which the landlord denied. The landlord went into . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 24 October 2022; Ref: scu.178438