The Company seeks two declarations from the court:
i) That it has ‘begun’ the development for which the Order granted consent within the meaning of section 155 of the Planning Act 2008 during the period required by virtue of section 154 of the Planning Act 2008 (i.e. by 8 June 2020); and, if so
ii) The Order being a development consent order that has not ceased to have effect, the Company is entitled to apply to change the wording of Requirement 2 in Part 3 of Schedule 1 to that order to extend the period within which the authorised development must ‘commence’ (as defined in Article 2 thereof).
His Honour Judge Jarman Qc Sitting As A Judge Of The High Court
[2021] EWHC 3170 (Admin)
Bailii
Planning Act 2008 154 155
England and Wales
Planning
Updated: 01 December 2021; Ref: scu.670095
