This month Trevor Ivory (Partner) is joined by Sophie Stewart (Partner) and Pieter Claussen (Senior Associate) to look at the thorny issue of permissions under s73 Town and Country Planning Act 1990. They explain why these should not be referred to as “variations” of planning conditions and give practical hints and tips to avoid the many issues that can arise.
Cases considered are:
Armstrong v Secretary of State for Levelling-up, Housing and Communities & Anor [2023] EWHC 176 (Admin) (27 January 2023)
https://www.bailii.org/ew/cases/EWHC/Admin/2023/176.html
London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and others [2019] UKSC 33 (3 July 2019)
https://www.bailii.org/uk/cases/UKSC/2019/33.html
Finney v Welsh Ministers & Ors (Rev 1) [2019] EWCA Civ 1868 (05 November 2019)
https://www.bailii.org/ew/cases/EWCA/Civ/2019/1868.html
Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30 (02 November 2022)
https://www.bailii.org/uk/cases/UKSC/2022/30.html
Norfolk Homes Ltd v North Norfolk District Council & Anor (Rev 1) [2020] EWHC 504 (QB) (05 March 2020)
https://www.bailii.org/ew/cases/EWHC/QB/2020/504.html