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Development in breach of pre-commencement condition capable of implementing planning permission (Howell v Waveney DC)

Published on: 13 December 2018
Published by: LexisPSL
  • Development in breach of pre-commencement condition capable of implementing planning permission (Howell v Waveney DC)
  • What are the practical implications of this case?
  • What is the legal background to the case?
  • What is the factual background to the case?
  • What did the court find?
  • Case details

Article summary

Planning analysis: In Howell v Waveney DC, the Planning Court found that development carried out in breach of a pre-commencement condition was capable of lawfully implementing the planning permission for a wind turbine. The particular condition requiring certain details of the wind farm to be notified to the local planning authority (LPA) did not go to the heart of the planning permission, relying on the decision in Hart Aggregates. The development was lawfully commenced—the breach did not render it unlawful. or take a trial to read the full analysis.

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