Planning Permission in UK Law

Leading Cases
  • Save Britain's Heritage v Number 1 Poultry Ltd
    • House of Lords
    • 28 Febrero 1991

    The single indivisible question, in my opinion, which the court must ask itself whenever a planning decision is challenged on the ground of a failure to give reasons is whether the interests of the applicant have been substantially prejudiced by the deficiency of the reasons given.

  • Wheeler v JJ Saunders Ltd
    • Court of Appeal (Civil Division)
    • 19 Diciembre 1995

    I can well see that in such a case the public interest must be allowed to and prevail that it would be inappropriate to grant an injunction (though whether that should preclude any award of damages in lieu is a question which may need further consideration). The Court should be slow to acquiesce in the extinction of private rights without compensation as a result of administrative decisions which cannot be appealed and are difficult to challenge.

  • South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and another
    • House of Lords
    • 01 Julio 2004

    They must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the "principal important controversial issues", disclosing how any issue of law or fact was resolved. The reasoning must not give rise to a substantial doubt as to whether the decision-maker erred in law, for example by misunderstanding some relevant policy or some other important matter or by failing to reach a rational decision on relevant grounds.

  • Berkeley v Secretary of State for the Environment Transport and the Regions and Another
    • House of Lords
    • 06 Julio 2000

    Although section 288(5)(b), in providing that the court "may" quash an ultra vires planning decision, clearly confers a discretion upon the court, I doubt whether, consistently with its obligations under European law, the court may exercise that discretion to uphold a planning permission which has been granted contrary to the provisions of the Directive.

  • Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Ltd (Scotland)
    • Supreme Court (Scotland)
    • 25 Octubre 2017

    [44] A planning obligation, which required as a pre-condition for commencing development that a developer pay a financial contribution for a purpose which did not relate to the burdened land, could be said to restrict the development of the site, but it would also be unlawful.

  • Tesco Stores Ltd v Secretary of State for the Environment and Others
    • House of Lords
    • 19 Octubre 1995

    If there is one principle of planning law more firmly settled than any other, it is that matters of planning judgment are within the exclusive province of the local planning authority or the Secretary of State.

  • Pyx Grainite Company Ltd v Ministry of Housing and Local Government
    • Court of Appeal
    • 07 Febrero 1958

    Although the planning authorities are given very wide powers to impose "such conditions as they think fit", nevertheless the law says that those conditions, to be valid, must fairly and reasonably relate to the permitted development. The planning authority are not at liberty to use their powers for an ulterior object, however desirable that object may seem to them to be in the public interest.

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Books & Journal Articles
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Forms
  • Chapter bim60806
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... In the absence of other factors obtaining planning permission will not constitute land being developed for the purpose of ......
  • Chapter CA94100
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Expenditure incurred on, or in connection with, seeking planning permission, including fees and related costs, is not expenditure incurred ......
  • Chapter SDLTM22505
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... from a potential double charge where they have entered into planning obligations in the course of a development. It is common for a planning ... contribution) as a condition of the authority granting planning permission for a development. Where the obligations require extra building works, as ......
  • Chapter CA50300
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . The costs of seeking planning permission (whether successful or not), where that permission is to enable ......
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