[2002] UKHL 8 28 February 2002. Respondent (R) operated a waste-processing plant on site that it had bought from ESEL, a company set up by the appellant council (E) to fulfill their waste disposal functions. ESEL applied to E under the Town and Country Planning Act 1990 s73 for aregrant of existing permission to allow 24-hour electricity generation. This was allowed. Later when R wished to commence electricity generation E insisted that a fresh permission was required. R's application that no further permission was required was accepted by HC and by majority in CA.. E's appeal to HL was allowed on grounds that a conditional resolution to grant permission not binding the planning authority could in no way constitute a binding determination under s64 of the 1990 Act. Full copy of judgement available on http://www.parliament.the-stationery-office.co.uk/pa/ld200102/ldjudgmt/jd020228/esusse-1.htm.