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)
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
700 _aAbrahams, D.
942 _n0
999 _c65918
_d65918