Armstrong v Secretary of State for Levelling-up, Housing and Communities & Anor [2023] EWHC 176 (Admin) (27 January 2023)

Armstrong v Secretary of State for Levelling-up, Housing and Communities & Anor [2023] EWHC 176 (Admin) (27 January 2023)

Section 73 of the Town and Country Planning Act 1990 does not permit fundamental or substantial variations to a planning permission, even where the proposed changes do not conflict with the description of development. The Inspector lawfully concluded that the proposed redesign amounted to a fundamental alteration and was outside the scope of section 73. The correct statutory interpretation, supported by case law and guidance, is that only non-material or minor material amendments may be made under section 73; fundamental changes require a new planning application.

Citation
[2023] EWHC 176 (Admin)
Parties
Claimant: Mikael Armstrong; First Defendant: Secretary of State for Levelling-Up, Housing and Communities; Second Defendant: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
27 January 2023
Procedural Posture
Judicial Review (planning) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Section 73 Applications, Variation of Planning Conditions, Statutory Interpretation, Scope of Planning Permissions
Planning Law Administrative Law Section 73 Applications Variation of Planning Conditions Statutory Interpretation Scope of Planning Permissions

Case Brief

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Parties

Mikael Armstrong

Claimant

Secretary of State for Levelling-Up, Housing and Communities

First Defendant

Cornwall Council

Second Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment

Legal Issues

  1. 1 Whether section 73 of the Town and Country Planning Act 1990 permits fundamental variations to planning permissions where there is no conflict with the description of development
  2. 2 Whether the Planning Inspector lawfully dismissed the appeal on the basis that the proposed changes were too fundamental to be considered under section 73

Ratio Decidendi

Section 73 of the Town and Country Planning Act 1990 does not permit fundamental or substantial variations to a planning permission, even where the proposed changes do not conflict with the description of development. The Inspector lawfully concluded that the proposed redesign amounted to a fundamental alteration and was outside the scope of section 73. The correct statutory interpretation, supported by case law and guidance, is that only non-material or minor material amendments may be made under section 73; fundamental changes require a new planning application.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.