A planning condition imposed solely for some other purpose or purposes, such as furtherance of the housing policy of the local authority, will not be valid as a planning condition.
As to the availability of judicial review or certiorari, Lord Widgery CJ said: ‘it has always been a principle that certiorari will go only where there is no other equally effective and convenient remedy . . An application for certiorari has however this advantage that it is speedier and cheaper than the other methods and in a proper case therefore it may well be right to allow it to be used . I would, however, define a proper case as being one where the decision in question is liable to be upset as a matter of law because on its face it is clearly made without jurisdiction or in consequence of an error of law . . it has always been a principle that certiorari will go only where there is no other equally effective and convenient remedy.’
Lord Widgery CJ
 QB 720,  2 All ER 643,  2 WLR 805
England and Wales
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
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, Judicial Review
Updated: 09 May 2022; Ref: scu.471207