Redrow Homes Limited, R (On the Application Of) v First Secretary of State & Anor [2003] EWHC 3094 (Admin) (03 December 2003)

Redrow Homes Limited, R (On the Application Of) v First Secretary of State & Anor [2003] EWHC 3094 (Admin) (03 December 2003)

The 1957 planning permission granted an all-purpose access at location 6C. The Secretary of State's imposition of a condition restricting use of access 6C to public service vehicles only amounted to an unlawful modification of the original permission, which could only be lawfully achieved by a modification order under section 100 of the Town and Country Planning Act 1990 with compensation. The power to approve details under condition 5 did not include the power to restrict the class of traffic using the access. The application was therefore allowed and the Secretary of State's decision quashed.

Citation
[2003] EWHC 3094 (Admin)
Parties
Claimant: Redrow Homes Limited; First Defendant: First Secretary of State; Second Defendant: South Gloucestershire Council
Jurisdiction
England and Wales
Judgment Date
03 December 2003
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Application allowed; decision of the Secretary of State quashed.
Legal Topics
Modification of Planning Permissions, Conditions on Reserved Matters Approval, Interpretation of Planning Permissions, Compensation for Modification or Revocation, Judicial Review of Administrative Decisions
Planning Law Administrative Law Public Law Modification of Planning Permissions Conditions on Reserved Matters Approval Interpretation of Planning Permissions Compensation for Modification or Revocation Judicial Review of Administrative Decisions

Case Brief

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Parties

Redrow Homes Limited

Claimant

First Secretary of State

First Defendant

South Gloucestershire Council

Second Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State had power to impose conditions restricting use of access 6C to public service vehicles only under the 1957 planning permission
  2. 2 Whether such conditions amounted to an unlawful modification of the original planning permission
  3. 3 Proper interpretation of the 1957 planning permission and its conditions

Ratio Decidendi

The 1957 planning permission granted an all-purpose access at location 6C. The Secretary of State's imposition of a condition restricting use of access 6C to public service vehicles only amounted to an unlawful modification of the original permission, which could only be lawfully achieved by a modification order under section 100 of the Town and Country Planning Act 1990 with compensation. The power to approve details under condition 5 did not include the power to restrict the class of traffic using the access. The application was therefore allowed and the Secretary of State's decision quashed.

Court Disposition

Application allowed; decision of the Secretary of State quashed.

Orders

  • Secretary of State's decision dated 6 May 2003 quashed.
  • First defendant to pay claimant's costs, to be assessed on a detailed basis unless otherwise agreed.