Redrow Homes Limited, R (On the Application Of) v First Secretary of State & Anor

Redrow Homes Limited, R (On the Application Of) v First Secretary of State & Anor

The 1957 planning permission granted permission for all-purpose accesses at locations 6A and 6C. Condition (i), restricting access 6C to public service vehicles only, amounted to an unlawful modification of the 1957 planning permission. The Secretary of State was not entitled to achieve this result by imposing such a condition on the approval of details; any modification required a statutory order with compensation.

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 / Judgment on Application to Quash Decision Under Section 288 of the Town and Country Planning Act 1990
Outcome
Application allowed; decision quashed
Legal Topics
Planning Permission, Modification of Planning Conditions, Judicial Review of Administrative Decisions, Interpretation of Planning Permissions
Planning Law Administrative Law Planning Permission Modification of Planning Conditions Judicial Review of Administrative Decisions Interpretation of Planning Permissions

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 / Judgment on Application to Quash Decision Under Section 288 of the Town and Country Planning Act 1990

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 1957 planning permission

Ratio Decidendi

The 1957 planning permission granted permission for all-purpose accesses at locations 6A and 6C. Condition (i), restricting access 6C to public service vehicles only, amounted to an unlawful modification of the 1957 planning permission. The Secretary of State was not entitled to achieve this result by imposing such a condition on the approval of details; any modification required a statutory order with compensation.

Court Disposition

Application allowed; decision quashed

Orders

  • The Secretary of State's decision is quashed.
  • The First Defendant is to pay the Claimant's costs, to be assessed on a detailed basis unless otherwise agreed.