Beldam LJ said: ‘On this reasoning it is unnecessary to consider the interesting argument addressed to the court that development carried out in breach of conditions can be regarded as development to which the permission related and whether for the purposes of planning permission conditions can properly be regarded as ‘conditions precedent’. But if it had been necessary to do so, I would have expressed my agreement in principle with the view of Woolf J (as he then was) in Etheridge v Secretary of State for the Environment that development carried out without permission or commenced in contravention of conditions of a permission would not be development to which the permission related because it was development carried out in breach of planning control and so not permitted. However the importance and nature of the condition and the extent of and reasons for breach may in some circumstances be relevant considerations and I would prefer to reserve an opinion on the question for a case in which it is necessary to decide it.’
Judges:
Purchas, Taylor, Beldam LJJ
Citations:
(1991) 62 PandCR 594
Jurisdiction:
England and Wales
Citing:
Approved – Etheridge v Secretary of State for the Environment QBD 13-Oct-1983
The landowner had obtained outline permission but with details reserved. Later full permission was granted, but the authority refused to approve matters which had already been approved in the original outline permission, saying they were out of . .
Cited by:
Cited – Hart Aggregates Ltd, Regina (on the Application of) v Hartlepool Borough Council Admn 26-Apr-2005
. .
Cited – FG Whitley and Sons Co Ltd v Secretary of State for Wales CA 1992
The plaintiff had obtained conditional planning permission. It applied for approval of the meeting of the conditions but failed to receive a repy and had commenced work anyway. The authority then said that because the works had been begun before . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 07 October 2022; Ref: scu.442413
