Image from Google Jackets

British Railways Board v SoS Environment and others

Language: English Series: Journal of Planning and Environment Law ; 1994 JPL 32-40(9)Publication details: 1994Subject(s): Summary: Outline planning permission - housing development - former marshalling yard vehicular access on land not owned by applicant - Grampian condition - no reasonable prospect of fulfilment of the condition within five year life span of permission - HL held that Jones v SoS Wales and Ogwr BC was wrongly decided and had to be overruled - if a condition was negative in character and appropriate in the light of sound planning prinicples, the fact that it appeared to have no reasonable prospects of being implemented did not mean that the grant of planning permission would be irrational in the Wednesbury sense so that it would be unlawful to grant it. (Headnote on journal)
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article X1259 (Browse shelf(Opens below)) 1 Available 15861-1001

Outline planning permission - housing development - former marshalling yard vehicular access on land not owned by applicant - Grampian condition - no reasonable prospect of fulfilment of the condition within five year life span of permission - HL held that Jones v SoS Wales and Ogwr BC was wrongly decided and had to be overruled - if a condition was negative in character and appropriate in the light of sound planning prinicples, the fact that it appeared to have no reasonable prospects of being implemented did not mean that the grant of planning permission would be irrational in the Wednesbury sense so that it would be unlawful to grant it. (Headnote on journal)