Greyfort Properties Ltd v Secretary of State for Communities And Local Government & Anor [2011] EWCA Civ 908 (28 July 2011)

Greyfort Properties Ltd v Secretary of State for Communities And Local Government & Anor [2011] EWCA Civ 908 (28 July 2011)

Condition 4 of the 1974 planning permission was a clear, express prohibition on commencement of any work on the site before ground floor levels were agreed. The access works relied on as commencement were carried out in breach of this condition, which went to the heart of the permission. Under the Whitley principle, such works could not lawfully implement the permission. None of the recognised exceptions to the principle applied, and the inspector's decision was lawful and reasonable.

Citation
[2011] EWCA Civ 908
Parties
Appellant: Greyfort Properties Limited; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Torbay Council
Jurisdiction
England and Wales
Judgment Date
28 July 2011
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (administrative Court)
Outcome
Appeal dismissed
Legal Topics
Commencement of Development, Planning Permission Conditions, Condition Precedent, Lawful Implementation of Planning Permission
Planning Law Administrative Law Commencement of Development Planning Permission Conditions Condition Precedent Lawful Implementation of Planning Permission

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Greyfort Properties Limited

Appellant

Secretary of State for Communities and Local Government

First Respondent

Torbay Council

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether access works carried out in breach of a planning condition could amount to lawful commencement of development under a planning permission
  2. 2 Proper construction and effect of condition 4 of the 1974 planning permission
  3. 3 Application of the Whitley principle and its exceptions

Ratio Decidendi

Condition 4 of the 1974 planning permission was a clear, express prohibition on commencement of any work on the site before ground floor levels were agreed. The access works relied on as commencement were carried out in breach of this condition, which went to the heart of the permission. Under the Whitley principle, such works could not lawfully implement the permission. None of the recognised exceptions to the principle applied, and the inspector's decision was lawful and reasonable.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.