[2002] EWCA Civ 983, 28 November 2002. In 1994 Respondent Council (B) granted outline planning permission for residential development of a site which appellant developer (H) purchased in 1995. H successfully applied under the Town and Country Planning Act 1990 s73 to amend various conditions contained in the original planning permission. The application took effect as a new planning permission which commenced in 1995 subject to certain time limits and contained a number of conditions precedent. H failed to comply with the conditions precedent. In 2000, B informed H that any further work on the site would be a breach of planning control since the planning permission had lapsed. H sought a declaration that the outline planning permission had been validated by the work commended prior to the expiry date. H appealed against HC decision. CA declared that comprehensive code of planning control did not give H power to informally wave the need for compliance with a condition. It was not within H's authority to authorise or waiver conditions except in exceptional circumstances which were not fulfilled in this instance. As the works carried out by H were in breach of various conditions precedent they did not amount to a valid commencement of the development under the outline planning permission. As the development as authorised by the planning permission was not started within the time frame, the outline planning permission was deemed to have lapsed. Appeal dismissed. View judgment at www.courtservice.gov.uk.