No time to waiver
Edwards, M.
No time to waiver - 2002 - Estates Gazette (0250) 14 December 2002, 110(1) .
Examines the implications of the final case of 2002 that finalised the legal move towards the planning system and the need for public law principles to be fully respected. In "Henry Boot Homes Ltd v Bassetlaw DC" [2002] EWCA Civ 98, the developer was found to be in breach of conditions precedent and therefore the development was not a valid commencement. The court ruled that the outline planning permission was no longer extant. Recognises that legislation allows for third parties and the public generally to have a say in any planning decision entered on the planning register and that the scope for varying conditions by non-statutory means must be limited.
PLANNING PROCESS
PUBLIC LAW
HENRY BOOT HOMES LTD V BASSETLAW DC
PLANNING PERMISSION
CONDITIONS PRECEDENT
DEVELOPMENT
PIONEER AGGREGATES (UK) LTD V SOS ENVIRONMENT & ORS
TOWN AND COUNTRY PLANNING ACT 1990 S73
R V EAST SUSSEX CC EX P REPROTECH (PEBSHAM) LTD AND ANOTHER
No time to waiver - 2002 - Estates Gazette (0250) 14 December 2002, 110(1) .
Examines the implications of the final case of 2002 that finalised the legal move towards the planning system and the need for public law principles to be fully respected. In "Henry Boot Homes Ltd v Bassetlaw DC" [2002] EWCA Civ 98, the developer was found to be in breach of conditions precedent and therefore the development was not a valid commencement. The court ruled that the outline planning permission was no longer extant. Recognises that legislation allows for third parties and the public generally to have a say in any planning decision entered on the planning register and that the scope for varying conditions by non-statutory means must be limited.
PLANNING PROCESS
PUBLIC LAW
HENRY BOOT HOMES LTD V BASSETLAW DC
PLANNING PERMISSION
CONDITIONS PRECEDENT
DEVELOPMENT
PIONEER AGGREGATES (UK) LTD V SOS ENVIRONMENT & ORS
TOWN AND COUNTRY PLANNING ACT 1990 S73
R V EAST SUSSEX CC EX P REPROTECH (PEBSHAM) LTD AND ANOTHER