Finney v Welsh Ministers & Ors (Rev 1)

Finney v Welsh Ministers & Ors (Rev 1)

Section 73 does not empower a planning authority or inspector to change the description of the permitted development; it is limited to varying or removing conditions. Any change to the operative description is outside the statutory power conferred by section 73.

Parties
Appellant: John Leslie Finney; 1st Respondent: Welsh Ministers; 2nd Respondent: Carmarthenshire County Council; 3rd Respondent: Energiekontor (UK) Limited
Jurisdiction
England and Wales
Judgment Date
05 November 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; inspector's decision quashed as ultra vires.
Legal Topics
Section 73 Applications, Variation of Planning Conditions, Statutory Interpretation, Limits of Planning Authority Powers
Planning Law Administrative Law Section 73 Applications Variation of Planning Conditions Statutory Interpretation Limits of Planning Authority Powers

Case Brief

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Parties

John Leslie Finney

Appellant

Welsh Ministers

1st Respondent

Carmarthenshire County Council

2nd Respondent

Energiekontor (UK) Limited

3rd Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 73 of the Town and Country Planning Act 1990 empowers a planning authority to alter the description of development in the operative part of a planning permission
  2. 2 Whether a planning authority can grant permission for development not covered by the original description via section 73

Ratio Decidendi

Section 73 does not empower a planning authority or inspector to change the description of the permitted development; it is limited to varying or removing conditions. Any change to the operative description is outside the statutory power conferred by section 73.

Court Disposition

Appeal allowed; inspector's decision quashed as ultra vires.

Orders

  • Inspector's decision quashed.