000			01890cab a2200193 4500
001			##L131352
008			051024n2005 000 0 eng u
035			_a(Sirsi) u131352
041	0		_aeng
245	0	0	_aAerlink Leisure Ltd (in liquidation) v First Secretary of State
260	3		_c2005
490		0	_aProperty and Compensation Reports _v[2005] 3 P & C.R, 262-272(13)
520			_a2005] EWHC 3198 QBD, 21 December 2004. Concerns whether developers constructing a golf course failed to start construction before the deadline stipulated by the planning permission. Appeal by AL against an inspector's decision that the development had not commenced within the five-year period dictated by the planning permission. The local planning authority on appeal before an inspector contended that the planning permission had lapsed because no material start on implementing the permission had been made prior to the deadline. AL argued that the development had been initiated within the meaning of the Town and Country Planning Act 1990 s56 which states that development is deemed to be begun on the earliest date that a material operation is carried out. AL contended that pegging out a private access road (although the pegs had been removed as they were a possible danger to grazing livestock) and stripping of topsoil from some of the land constituted material operations. "Held": appeal allowed. The inspector's decision in respect of the pegging amounting to a material operation was wrong in law and the reasons for rejecting the stripping of topsoil as proof of commencement of construction were flawed.
590			_aIKA251005
650	2	4	_aTOWN AND COUNTRY PLANNING ACT 1990 S56
650	2	4	_aTOWN AND COUNTRY PLANNING ACT 1990 S288
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL-PLANNING APPLICATIONS-PLANNING APPEALS
942			_n0
999			_c76057 _d76057