A wartime aerodrome had continued to be used as such under a series of temporary permissions. The permission was continued after it was acquired by BAe, on conditions that use was personal to BAe and that it should revert to agricultural use after two years. After announcing the intention to cease the use as an aerodrome, BAe sought and obtained removal of the conditions. The applicant objected because they wanted the land to revert to agricultural uses. The removal of the condition was not so unreasonable as to be irrational, any legitimate expectation as to the reverter was insufficient to displace the other legislative considerations, and the council had not taken into account inadmissible matters. The removal of the condition stood.
Citations:
Gazette 20-Apr-2001, [2001] EWCA Civ 566
Links:
Jurisdiction:
England and Wales
Citing:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 19 May 2022; Ref: scu.79592