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Eagle Star Insurance Co Ltd v SoS Environment and Bournmouth BC

Language: English Series: Journal of Planning and Environment Law ; (1992) JPL 434-442(9)Publication details: 1992Subject(s): Summary: QBD 29 May 1991. The council`s refusal to grant planning permission was challenged, but upheld by an inspector at public inquiry on the basis of traffic objections. During this appeal E had offered to fund any necessary road improvements and agreed to the placing of a `Grampian` condition. This was, however, rejected by B as the highway authority would be unwilling to gain the land for roads by compulsory purchase. As the SoS had initially agreed to the building, E brought an action in the high court under the Town and Country Planning Act 1990 s288, where its case was dismissed, the imposition of such a condition being considered self-defeating.
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Law report London Journal article ABS46447 (Browse shelf(Opens below)) 1 Available 58285-1001

QBD 29 May 1991. The council`s refusal to grant planning permission was challenged, but upheld by an inspector at public inquiry on the basis of traffic objections. During this appeal E had offered to fund any necessary road improvements and agreed to the placing of a `Grampian` condition. This was, however, rejected by B as the highway authority would be unwilling to gain the land for roads by compulsory purchase. As the SoS had initially agreed to the building, E brought an action in the high court under the Town and Country Planning Act 1990 s288, where its case was dismissed, the imposition of such a condition being considered self-defeating.