The perils of jumping the gun
Harnett, M.
The perils of jumping the gun - 2003 - Estates Gazette (0303) 18 January 2003, 117(1) .
Examines the implications of "Henry Boot Homes v Bassettlaw DC" (CA Abs66279) for developers, planning authorities and landlords. Confirmed that developers who begin development before planning consent pre-conditions are met will risk losing their consent. Compliance with the conditions can be avoided by making a formal application under the Town and Country Planning Act 1990 s73, but this can only be done where the original consent is still alive. Points out the risk of enforcement action for owners of developments completed less than four years ago, and highlights the problems for planning authorities if consent has not been implemented and the development becomes immune from enforcement. This could give landowners unrestricted consent with the option to remarket the site. Judgment available atwww.courtservice.gov.uk.
HENRY BOOT HOMES LTD V BASSETLAW DC
TOWN AND COUNTRY PLANNING ACT 1990 S73
PLANNING CONSENT
PLANNING CONDITIONS
DEVELOPERS
ENFORCEMENT ACTION
The perils of jumping the gun - 2003 - Estates Gazette (0303) 18 January 2003, 117(1) .
Examines the implications of "Henry Boot Homes v Bassettlaw DC" (CA Abs66279) for developers, planning authorities and landlords. Confirmed that developers who begin development before planning consent pre-conditions are met will risk losing their consent. Compliance with the conditions can be avoided by making a formal application under the Town and Country Planning Act 1990 s73, but this can only be done where the original consent is still alive. Points out the risk of enforcement action for owners of developments completed less than four years ago, and highlights the problems for planning authorities if consent has not been implemented and the development becomes immune from enforcement. This could give landowners unrestricted consent with the option to remarket the site. Judgment available atwww.courtservice.gov.uk.
HENRY BOOT HOMES LTD V BASSETLAW DC
TOWN AND COUNTRY PLANNING ACT 1990 S73
PLANNING CONSENT
PLANNING CONDITIONS
DEVELOPERS
ENFORCEMENT ACTION