Pyx Granite had the right to quarry in two areas of the Malvern Hills. The company required permission to break fresh surface on one of the sites.
Held: Conditions attached to the planning permission relating to such matters as the times when machinery for crushing the stone could be used and the control of dust emissions were valid.
A planning condition is invalid, being contrary to law unless it is reasonably related to the development in the planning permission which has been granted. It must not be used for an ulterior purpose, and must be fairly and reasonably relate to the permitted development.
Lord Denning MR said: ‘The principles to be applied are not, I think, in doubt. Although the planning authorities are given very wide powers to impose ‘such conditions as they think fit’, nevertheless the law says that those conditions, to be valid, must fairly and reasonably relate to the permitted development. The planning authority are not at liberty to use their powers for an ulterior object, however desirable that object may seem to them to be in the public interest.’
Judges:
Lord Denning MR
Citations:
[1958] 1 QB 554
Jurisdiction:
England and Wales
Cited by:
Cited – Kingston London Borough Council v Environment Secretary 1973
Planning was granted for the rebuilding of a railway station on condition that the land allocated for parking should be made available for such purposes at all times and used for no other purpose. The station was duly rebuilt but the car park was . .
Appeal from – Pyx Granite Ltd v Ministry of Housing and Local Government HL 1959
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court . .
Cited – Stewart v Perth and Kinross Council HL 1-Apr-2004
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
Dictum Approved – Newbury District Council v Secretary of State for the Environment HL 1980
Issues arose as to a new planning permission for two existing hangars.
Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be . .
Cited – Tarmac Materials Ltd v Secretary of State for Environment Admn 6-Jul-1999
. .
Cited – Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs CA 31-Mar-2010
The claimant had applied for judicial review of a decision by the defendant to seek to recover a debt from them. The issue had however been settled in the County Court. Costs were ordered against them, and they now appealed. In a small company the . .
Cited – Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another SC 12-May-2010
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an . .
Cited – Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited SC 25-Oct-2017
The court was asked whether, anticipating substantial growth, a local authority had power to attach to permissions for development conditions intended to recover sums for pooled fund for infrastructure development.
Held: The appeal failed. . .
Cited – Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another SC 20-Nov-2019
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 09 May 2022; Ref: scu.183690
