Eagle Star Insurance Co Ltd v SoS Environment and Bournmouth BC
Eagle Star Insurance Co Ltd v SoS Environment and Bournmouth BC
- 1992
- Journal of Planning and Environment Law (1992) JPL 434-442(9) .
QBD 29 May 1991. The council`s refusal to grant planning permission was challenged, but upheld by an inspector at public inquiry on the basis of traffic objections. During this appeal E had offered to fund any necessary road improvements and agreed to the placing of a `Grampian` condition. This was, however, rejected by B as the highway authority would be unwilling to gain the land for roads by compulsory purchase. As the SoS had initially agreed to the building, E brought an action in the high court under the Town and Country Planning Act 1990 s288, where its case was dismissed, the imposition of such a condition being considered self-defeating.
GRAMPIAN CONDITIONS
GRAMPIAN RC V CITY OF ABERDEEN DC
HAMPSHIRE SHOPPING CENTRE
PLANNING PERMISSION
REFUSAL
SHOPPING CENTRE EXTENSION
TOWN AND COUNTRY PLANNING ACT 1990 S288
QBD 29 May 1991. The council`s refusal to grant planning permission was challenged, but upheld by an inspector at public inquiry on the basis of traffic objections. During this appeal E had offered to fund any necessary road improvements and agreed to the placing of a `Grampian` condition. This was, however, rejected by B as the highway authority would be unwilling to gain the land for roads by compulsory purchase. As the SoS had initially agreed to the building, E brought an action in the high court under the Town and Country Planning Act 1990 s288, where its case was dismissed, the imposition of such a condition being considered self-defeating.
GRAMPIAN CONDITIONS
GRAMPIAN RC V CITY OF ABERDEEN DC
HAMPSHIRE SHOPPING CENTRE
PLANNING PERMISSION
REFUSAL
SHOPPING CENTRE EXTENSION
TOWN AND COUNTRY PLANNING ACT 1990 S288