Section 73 of Town and Country Planning Act 1990 – Applicant seeking removal of condition attached to waste-treatment permission – No regrant made pursuant to favourable committee resolution – Whether resolution amounting to statutory determination that proposed use lawful – Whether council estopped from enforcing unamended conditions
Where an application is made, under section 73 of the 1990 Act, to remove a condition attached to an existing permission, the passing of a favourable resolution by the relevant council committee does not mark the end of the story. The applicant has to walk away with the desired regrant.
So much for what was common ground in R (on the application of East Sussex Council) v Reprotech (Pebsham) Ltd [2002] UKHL 8; [2002] 10 EG 158 (CS). The main ruling of the House of Lords was that the resolution in question could not take effect under section 192 of the Act as a determination that no further permission would be required.
Of wider importance are the firm pronouncements that the doctrine of estoppel has little or no place in planning and other areas of public law.
So, what do you do when the gist of your complaint is that the authority in question have been blowing hot and cold? The answer suggested in Reprotech is to base your case, if you can, on the not-so-distantly related doctrine of denial of legitimate expectation: see, further, Henry Boot Homes Ltd v Bassetlaw District Council [2002] EWCA Civ 983; [2002] 50 EG 112 (CS); Coghurst Wood Leisure Park v Secretary of State for Transport, Local Government and the Regions [2002] EWHC 1091 Admin; [2002] 24 EG 145 (CS);
All very well, you may say, but that still leaves developers and others unsure about the extent to which they can rely upon apparently high level pronouncements and decisions. For criticism of the current state of the law see
Related items:
PP 2002/86
Section 73 of Town and Country Planning Act 1990 – Applicant seeking removal of condition attached to waste-treatment permission – No regrant made pursuant to favourable committee resolution – Whether resolution amounting to statutory determination that proposed use lawful – Whether council estopped from enforcing unamended conditions
Where an application is made, under section 73 of the 1990 Act, to remove a condition attached to an existing permission, the passing of a favourable resolution by the relevant council committee does not mark the end of the story. The applicant has to walk away with the desired regrant.
So much for what was common ground in R (on the application of East Sussex Council) v Reprotech (Pebsham) Ltd [2002] UKHL 8; [2002] 10 EG 158 (CS). The main ruling of the House of Lords was that the resolution in question could not take effect under section 192 of the Act as a determination that no further permission would be required.
Of wider importance are the firm pronouncements that the doctrine of estoppel has little or no place in planning and other areas of public law.
So, what do you do when the gist of your complaint is that the authority in question have been blowing hot and cold? The answer suggested in Reprotech is to base your case, if you can, on the not-so-distantly related doctrine of denial of legitimate expectation: see, further, Henry Boot Homes Ltd v Bassetlaw District Council [2002] EWCA Civ 983; [2002] 50 EG 112 (CS); Coghurst Wood Leisure Park v Secretary of State for Transport, Local Government and the Regions [2002] EWHC 1091 Admin; [2002] 24 EG 145 (CS); PP 2000/53 and PP 2000/112.
All very well, you may say, but that still leaves developers and others unsure about the extent to which they can rely upon apparently high level pronouncements and decisions. For criticism of the current state of the law see Time for a reality check Estates Gazette 20 July 2002, p141, contributed by Simon Catterall, of Allen & Overy.
Related items:
PP 2000/136
Legitimate concern Estates Gazette 27 April 2002, p152
