Greaves v Boston Borough Council

Greaves v Boston Borough Council

Permission to appeal refused because none of the grounds disclosed an arguable error of law: the compromise agreement was binding and not abandoned; standing was lost when claimants sold the property; the planning condition was sufficiently certain and enforceable.

Parties
Applicant: Greaves; Respondent: Boston Borough Council
Jurisdiction
England and Wales
Judgment Date
20 August 2015
Procedural Posture
Judicial Review / Renewed Oral Application for Permission to Appeal
Outcome
Permission to appeal refused.
Legal Topics
Standing, Compromise Agreement, Certainty of Planning Conditions, Judicial Review Procedure
Administrative Law Planning Law Standing Compromise Agreement Certainty of Planning Conditions Judicial Review Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Greaves

Applicant

Boston Borough Council

Respondent

Procedural Posture

Judicial Review / Renewed Oral Application for Permission to Appeal

Legal Issues

  1. 1 Whether a planning condition was sufficiently certain to be valid
  2. 2 Whether the claimants retained standing after selling the affected property
  3. 3 Whether a binding compromise agreement barred the claim

Ratio Decidendi

Permission to appeal refused because none of the grounds disclosed an arguable error of law: the compromise agreement was binding and not abandoned; standing was lost when claimants sold the property; the planning condition was sufficiently certain and enforceable.

Court Disposition

Permission to appeal refused.

Orders

  • Application for permission to appeal is refused.