QBD 23 May 1991. In 1982 the Council (E) granted outline planning permission for erection of a small hospital subject to a number of conditions. In 1984 E granted detailed permission imposing various conditions including one which required that they should be satisfied that the land needed for the provision of sight lines at the mouth of the access road was available prior to commencement of the work. Health Care Corporation`s predecessors did not comply with this condition, but in 1986 carried out works capable of constituting the commencement of development for the purposes of Town and Country Planning Act 1990 s56. In 1987 E determined that failure to comply with this condition rendered commencement of works invalid and accordingly, the planning permission had lapsed and was incapable of further implementation. H sought judicial review of the decision to impose this condition on the grant of detailed planning permission on the ground that the condition was ultra vires and therefor