The future of a 32 acre housing estate in Retford, Nottinghamshire, on which 64 houses have already been built, and 50 of those already occupied, has been thrown into doubt by a Court of Appeal ruling.
Developer Henry Boot Homes Ltd was appealing against a High Court ruling in March that it did not have planning permission for the scheme.
Dismissing the appeal, Keene LJ said: “The appellant cannot be regarded as having established a legitimate expectation that its works – carried out on site in breach of conditions – would be regarded as a lawful commencement of development under the outline permission for the purpose of sections 56 and 92(2) of the Town and Country Planning Act 1990.
“Nor was there any lawful waiver of conditions, whether generally or to the extent of allowing phased development. Conditions on a planning permission must either be complied with, at least in substance, or if it is sought to vary or discharge them, the mechanism laid down by parliament in section 73 of the Act, or, in appropriate circumstances, in section 73A, must be utilised. That was not done in this case.”
Henry Boot Homes Ltd v Bassettlaw District Council Court of Appeal (Brooke and Keene LJJ and Bodey J) 28 November 2002.
David Holgate QC and Timothy Morshead (instructed by Hammond Suddards Edge, of Leeds) appeared for the appellant; Mark Lowe QC and Jonathan Clay (instructed by Sharpe Pritchard) appeared for the respondents.
