Redrow Homes Ltd. v First Secretary of State & Anor
Condition 5 of the 1957 planning permission did not permit restriction on the class of traffic using access at point 6C; the Secretary of State's 2003 conditions impermissibly modified the original permission, which granted all-purpose access absent express limitation.
- 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
- Civil Appeal / Appeal From High Court, Administrative Court
- Outcome
- Appeal dismissed
- Legal Topics
- Construction of Planning Permission, Modification of Planning Conditions, Reserved Matters, Access to Public Highways
Case Brief
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
Civil Appeal / Appeal From High Court, Administrative Court
Legal Issues
- 1 Proper construction of condition 5 of the 1957 planning permission
- 2 Whether the Secretary of State could restrict the class of traffic using access at point 6C
- 3 Whether the 2003 conditions impermissibly modified the 1957 permission
Ratio Decidendi
Condition 5 of the 1957 planning permission did not permit restriction on the class of traffic using access at point 6C; the Secretary of State's 2003 conditions impermissibly modified the original permission, which granted all-purpose access absent express limitation.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
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