| 000 | 02000cam a2200277 4500 | ||
|---|---|---|---|
| 001 | ABS63463 | ||
| 008 | 000000n2001 000 0 eng u | ||
| 035 | _a(Sirsi) u110621 | ||
| 100 | _aJones, G. | ||
| 245 | _a"Grampian" and "British Railways Board" revisited - the use of pre-conditions in circumstance of uncertainty | ||
| 260 | _c2001 | ||
| 490 |
_aJournal of Planning and Environment Law _vJanuary 2001, 24-30(7) |
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| 520 | _aConsiders the use of pre-conditions in the planning process in the light of "Grampian Regional Council v City of Aberdeen DC" (1983), "British Railways Board v SoS Environment" (1994)(ABS50018), DoE Circular 11/95, "Millington v SoS Environment and Shrewsbury and Atcham BC" (1999) and "Merritt v SoS Environment and Mendip DC" (2000) and describes the current state of the law as set out in these cases. Observes that it is not invalid to impose a negative condition even where there is no reasonable prospect of it being fulfilled within the time-limit of the permission, and that the fact that it is unlikely that a negative condition may be implemented may be a material consideration where there is a good planning reason. Dismisses the claim that the aim of the policy of the SoS is to avoid a build up of old, unimplemented planning permissions and that consequently planning authorities can only refuse to impose a 'Grampian' condition where even the imposition of other planning conditions would fail to prevent adverse planning consequences due to the unlikelihood of its fulfilment. | ||
| 590 | _aABS | ||
| 650 | _aBRITISH RAILWAYS BOARD V SOS ENVIRONMENT | ||
| 650 | _aDOE CIRCULAR 11/1995 | ||
| 650 | _aGRAMPIAN RC V CITY OF ABERDEEN DC | ||
| 650 | _aGRAMPIAN CONDITIONS | ||
| 650 | _aMERRITT V SOS ENVIRONMENT | ||
| 650 | _aMILLINGTON V SOS ENVIRONMENT AND ANOTHER | ||
| 650 | _aNEGATIVE PRECONDITIONS | ||
| 650 | _aNEWBURY DC V SOS ENVIRONMENT | ||
| 690 |
_aPlanning and development _96259 |
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| 700 | _aAbrahams, D. | ||
| 942 | _n0 | ||
| 999 |
_c65918 _d65918 |
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