Failure to observe invalid condition

Failure to observe invalid condition - 1991 - Times 2/7/91 p30 .

In R v Elmbridge BC ex parte Health Care Corporation Ltd and another QBD 23 May 1991, it was held that judicial review was not available. Although the condition imposed on detailed planning approval was invalid, failure to comply with it rendered ineffective the commencement of works within the time limit imposed to keep that permission alive under Town and Country Planning Act 1972 s41


DOE CIRCULAR 1 85
LAW CASE
PLANNING CONDITIONS