HL 28 October 1993. In May 1988 B applied to the local authority (H) for outline consent to develop part of a former marshalling yard as housing. The application referred to some council land over which it was proposed to provide vehicular access. H failed to determine the application within the statutory period and B appealed to the SoS. Following a public local inquiry the inspector recommended the granting of permission subject to a s25 agreement and the condition that the main access road should be completed prior to the construction of the housing. H objected to the use of their land as access on environmental grounds so no agreement was reached. The SoS refused planning permission on the grounds that he was precluded in law from granting it subject to conditions relating to the provision of access over council land which had no reasonable prospect of fullfilment within the five year life of the permission. B applied under Town and Country Planning Act 1990 s288 to quash the dec