British Railways Board v SoS Environment and others
British Railways Board v SoS Environment and others
- 1994
- Journal of Planning and Environment Law 1994 JPL 32-40(9) .
Outline planning permission - housing development - former marshalling yard vehicular access on land not owned by applicant - Grampian condition - no reasonable prospect of fulfilment of the condition within five year life span of permission - HL held that Jones v SoS Wales and Ogwr BC was wrongly decided and had to be overruled - if a condition was negative in character and appropriate in the light of sound planning prinicples, the fact that it appeared to have no reasonable prospects of being implemented did not mean that the grant of planning permission would be irrational in the Wednesbury sense so that it would be unlawful to grant it. (Headnote on journal)
GRAMPIAN CONDITIONS
JONES V SOS WALES AND OGWR BC
OUTLINE PLANNING PERMISSION
VEHICULAR ACCESS
Outline planning permission - housing development - former marshalling yard vehicular access on land not owned by applicant - Grampian condition - no reasonable prospect of fulfilment of the condition within five year life span of permission - HL held that Jones v SoS Wales and Ogwr BC was wrongly decided and had to be overruled - if a condition was negative in character and appropriate in the light of sound planning prinicples, the fact that it appeared to have no reasonable prospects of being implemented did not mean that the grant of planning permission would be irrational in the Wednesbury sense so that it would be unlawful to grant it. (Headnote on journal)
GRAMPIAN CONDITIONS
JONES V SOS WALES AND OGWR BC
OUTLINE PLANNING PERMISSION
VEHICULAR ACCESS