Finney v Ministers & Ors [2018] EWHC 3073 (Admin) (15 November 2018)

Finney v Ministers & Ors [2018] EWHC 3073 (Admin) (15 November 2018)

The Inspector's decision to allow the variation under section 73 was lawful because the variation did not constitute a fundamental alteration to the original planning proposal, and the Inspector either considered this issue or, if not, it is highly likely the outcome would have been the same.

Citation
[2018] EWHC 3073 (Admin)
Parties
Claimant: John Leslie Finney; Defendant: Welsh Ministers; First Interested Party: Carmarthenshire County Council; Second Interested Party: Energiekontor UK Limited
Jurisdiction
England and Wales
Judgment Date
15 November 2018
Procedural Posture
Judicial Review (planning) / High Court Judgment on Application Under Section 288 of the Town and Country Planning Act 1990
Outcome
Application dismissed
Legal Topics
Section 73 Applications, Variation of Planning Conditions, Fundamental Alteration Test, Scope of Planning Authority Powers, Quashing Orders
Planning Law Administrative Law Judicial Review Section 73 Applications Variation of Planning Conditions Fundamental Alteration Test Scope of Planning Authority Powers Quashing Orders

Case Brief

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Parties

John Leslie Finney

Claimant

Welsh Ministers

Defendant

Carmarthenshire County Council

First Interested Party

Energiekontor UK Limited

Second Interested Party

Procedural Posture

Judicial Review (planning) / High Court Judgment on Application Under Section 288 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether an Inspector has power under section 73 of the Town and Country Planning Act 1990 to amend a planning condition in a way that contradicts the description of the permitted development in the original permission
  2. 2 Whether the Inspector failed to consider if the application constituted a 'fundamental alteration' of the prior permission

Ratio Decidendi

The Inspector's decision to allow the variation under section 73 was lawful because the variation did not constitute a fundamental alteration to the original planning proposal, and the Inspector either considered this issue or, if not, it is highly likely the outcome would have been the same.

Court Disposition

Application dismissed