Payne v Caerphilly County Borough Council [2003] EWCA Civ 1262 (10 September 2003)

Payne v Caerphilly County Borough Council [2003] EWCA Civ 1262 (10 September 2003)

The 1955 planning permission granted permission only for sections AA and EE, not for BB, CC, and DD. No permission was granted for the latter areas, so no conditions can be imposed on them. The document's phrasing does not convert the limitation into a condition.

Citation
[2003] EWCA Civ 1262
Parties
Applicant/claimant: Clive Payne; Respondent/defendant: Caerphilly County Borough Council
Jurisdiction
England and Wales
Judgment Date
10 September 2003
Procedural Posture
Application for Permission to Appeal / Court of Appeal (civil Division) Application for Permission to Appeal From High Court Judgment
Outcome
Application for permission to appeal refused
Legal Topics
Construction of Planning Permissions, Scope of Planning Conditions, Limitations on Planning Grants
Planning Law Administrative Law Construction of Planning Permissions Scope of Planning Conditions Limitations on Planning Grants

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Parties

Clive Payne

Applicant/claimant

Caerphilly County Borough Council

Respondent/defendant

Procedural Posture

Application for Permission to Appeal / Court of Appeal (civil Division) Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the 1955 planning permission granted permission for the whole site or only for specified sections
  2. 2 Whether conditions can be imposed on areas not granted planning permission
  3. 3 Whether the limitation in the 1955 document is a true condition or a limitation of the grant

Ratio Decidendi

The 1955 planning permission granted permission only for sections AA and EE, not for BB, CC, and DD. No permission was granted for the latter areas, so no conditions can be imposed on them. The document's phrasing does not convert the limitation into a condition.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal from Maurice Kay J refused