Bedford Borough Council v Secretary of State for Communities & Local Government & Anor

Conditions 3 and 4 did not expressly prohibit commencement of development nor go to the heart of the permission; their breach did not render the commencement of development unlawful. The inspector correctly applied the law and the Whitley principle was not engaged.

Parties: Claimant: Bedford Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Aleksander Stanislaw Murzyn
Jurisdiction: England and Wales
Judgment Date: 20 August 2008
Procedural Posture: Judicial Review / Statutory Appeal (planning) / High Court Appeal From Inspector's Decision
Outcome: Appeal dismissed
Legal Topics: Lawful Commencement of Development, Planning Conditions, Condition Precedent, Enforcement of Planning Control

Planning Law Administrative Law Lawful Commencement of Development Planning Conditions Condition Precedent Enforcement of Planning Control

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Parties

Bedford Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Aleksander Stanislaw Murzyn

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal (planning) / High Court Appeal From Inspector's Decision

Legal Issues

1 Whether breach of planning conditions 3 and 4 rendered commencement of development unlawful under the Whitley principle
2 Whether the inspector erred in law in concluding the conditions were not true conditions precedent

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Claimant to pay First Defendant's costs summarily assessed at £8,840, payable within 14 days
Permission to appeal refused by High Court; application to be made to Court of Appeal if pursued