- Planning/abuse of process (Hillside Parks v Snowdonia National Park Authority)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Planning analysis: The Court of Appeal has considered the correct approach to the lawfulness of an original permission where subsequent development has made it impossible to build out the original permission as granted. The circumstances in which a developer can build out part of a permission and continue to rely on that permission have been narrowed. The Court of Appeal has also stated that there is no absolute rule that it is an abuse of process to rely on an argument that could have been raised in earlier litigation. Written by Clare Parry, barrister, at Cornerstone Barristers.
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