Court of Appeal rules on retrospective planning permission and “implementation”

Court of Appeal rules on retrospective planning permission and “implementation”

The questions of when conditions imposed on retrospective planning permission take effect, as well as the circumstances in which the power to grant retrospective permission may be exercised, were recently considered by the Court of Appeal in Lawson Builders Ltd v Secretary of State for Communities and Local Government and Wakefield MDC[2015] EWCA Civ 122.

The Court of Appeal rejected the argument that it was open to the developer to decide whether to implement a planning permission that it had been granted on appeal, holding that what had been applied for and granted was permission for development which had already been carried out. Therefore the permission took effect immediately along with its conditions.

John Hunter appeared on behalf of the Respondent Local Planning Authority. The judgment can be found by clicking here.

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