The company already had outline permission for a residential development at Kew Gardens. Two schemes were submitted. On one, the council failed to reach a timely determination, and it refused the other. The developers appealed to the Secretary of State.
Held: The appeal failed. Section 54A applied also to an appeal against refusal of matters reserved, and in considering an appeal, the Secretary had himself to apply both section 54A and the development plan as a material consideration. His decision was a determination under the Planning Acts.
Nigel McLeod QC
Ind Summary 31-Oct-1994, [1994] 3 PLR 33
Town and Country Planning Act 1990 54A
England and Wales
Planning
Updated: 26 January 2022; Ref: scu.89467
