Redrow Homes Ltd. v First Secretary of State & Anor [2004] EWCA Civ 1375 (05 October 2004)

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
Planning Law Administrative Law Construction of Planning Permission Modification of Planning Conditions Reserved Matters Access to Highways

Source-derived case record

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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

  1. 1 Proper construction of 1957 outline planning permission for access to public highway
  2. 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