"Grampian" and "British Railways Board" revisited - the use of pre-conditions in circumstance of uncertainty
Jones, G.
"Grampian" and "British Railways Board" revisited - the use of pre-conditions in circumstance of uncertainty - 2001 - Journal of Planning and Environment Law January 2001, 24-30(7) .
Considers the use of pre-conditions in the planning process in the light of "Grampian Regional Council v City of Aberdeen DC" (1983), "British Railways Board v SoS Environment" (1994)(ABS50018), DoE Circular 11/95, "Millington v SoS Environment and Shrewsbury and Atcham BC" (1999) and "Merritt v SoS Environment and Mendip DC" (2000) and describes the current state of the law as set out in these cases. Observes that it is not invalid to impose a negative condition even where there is no reasonable prospect of it being fulfilled within the time-limit of the permission, and that the fact that it is unlikely that a negative condition may be implemented may be a material consideration where there is a good planning reason. Dismisses the claim that the aim of the policy of the SoS is to avoid a build up of old, unimplemented planning permissions and that consequently planning authorities can only refuse to impose a 'Grampian' condition where even the imposition of other planning conditions would fail to prevent adverse planning consequences due to the unlikelihood of its fulfilment.
BRITISH RAILWAYS BOARD V SOS ENVIRONMENT
DOE CIRCULAR 11/1995
GRAMPIAN RC V CITY OF ABERDEEN DC
GRAMPIAN CONDITIONS
MERRITT V SOS ENVIRONMENT
MILLINGTON V SOS ENVIRONMENT AND ANOTHER
NEGATIVE PRECONDITIONS
NEWBURY DC V SOS ENVIRONMENT
"Grampian" and "British Railways Board" revisited - the use of pre-conditions in circumstance of uncertainty - 2001 - Journal of Planning and Environment Law January 2001, 24-30(7) .
Considers the use of pre-conditions in the planning process in the light of "Grampian Regional Council v City of Aberdeen DC" (1983), "British Railways Board v SoS Environment" (1994)(ABS50018), DoE Circular 11/95, "Millington v SoS Environment and Shrewsbury and Atcham BC" (1999) and "Merritt v SoS Environment and Mendip DC" (2000) and describes the current state of the law as set out in these cases. Observes that it is not invalid to impose a negative condition even where there is no reasonable prospect of it being fulfilled within the time-limit of the permission, and that the fact that it is unlikely that a negative condition may be implemented may be a material consideration where there is a good planning reason. Dismisses the claim that the aim of the policy of the SoS is to avoid a build up of old, unimplemented planning permissions and that consequently planning authorities can only refuse to impose a 'Grampian' condition where even the imposition of other planning conditions would fail to prevent adverse planning consequences due to the unlikelihood of its fulfilment.
BRITISH RAILWAYS BOARD V SOS ENVIRONMENT
DOE CIRCULAR 11/1995
GRAMPIAN RC V CITY OF ABERDEEN DC
GRAMPIAN CONDITIONS
MERRITT V SOS ENVIRONMENT
MILLINGTON V SOS ENVIRONMENT AND ANOTHER
NEGATIVE PRECONDITIONS
NEWBURY DC V SOS ENVIRONMENT