Redrow Homes Ltd. v First Secretary of State & Anor [2004] EWCA Civ 1375 (05 October 2004)
Condition 5 of the 1957 planning permission did not permit the Secretary of State to restrict the class of traffic using the access at point 6C; the imposed 2003 conditions unlawfully modified the original permission.
Source-derived case information.
- Citation
- [2004] EWCA Civ 1375
- Parties
- Claimant/1st Respondent: Redrow Homes Limited; Defendant/appellant: The First Secretary of State; 2nd Defendant/2nd Respondent: South Gloucestershire Council
- Jurisdiction
- England and Wales
- Judgment Date
- 05 October 2004
- Procedural Posture
- Appeal From High Court Administrative Court / Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Construction of Planning Permission, Modification of Planning Conditions, Reserved Matters, Access to Highways
Source-derived case record
Summary, issues, holding and outcome
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Parties
Redrow Homes Limited
Claimant/1st Respondent
The First Secretary of State
Defendant/appellant
South Gloucestershire Council
2nd Defendant/2nd Respondent
Procedural Posture
Appeal From High Court Administrative Court / Court of Appeal Judgment
Legal Issues
- 1 Proper construction of 1957 outline planning permission for access to public highway
- 2 Lawfulness of Secretary of State's imposition of traffic restriction conditions in 2003
Ratio Decidendi
Condition 5 of the 1957 planning permission did not permit the Secretary of State to restrict the class of traffic using the access at point 6C; the imposed 2003 conditions unlawfully modified the original permission.
Court Disposition
Appeal dismissed
Orders
- Secretary of State's decision quashed
- Costs awarded against Secretary of State
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