There is no room for an implied condition in a planning permission. Widgery LJ said: ‘I have never heard of an implied condition in a planning permission and I believe no such creature exists. Planning permission enures for the benefit of the land. It is not simply a matter of contract between the parties. There is no place, in my judgment, within the law relating to planning permission for an implied condition. Conditions should be express, they should be clear, they should be in the document containing the permission.’
Salmon LJ, Widgery LJ
(1970) 21 P and CR 411
England and Wales
Too Absolute – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland) SC 16-Dec-2015
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course.
Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 May 2022; Ref: scu.598715