Cases - Hall & Co v Shoreham-by-Sea Urban District Council

Record details

Name
Hall & Co v Shoreham-by-Sea Urban District Council
Date
[1964]
Citation
1 AII ER 1
Keywords
Planning control
Summary

The plaintiffs applied for planning permission for a concrete plant on a site next to the congested Brighton road. To avoid further congestion and for traffic safety, conditions were attached requiring the plaintiffs to construct an ancillary road on their own land at their own expense. It was to run parallel to the main road, and give right of passage over it to and from such ancillary roads as may be constructed on adjoining land. The plaintiffs sought a declaration that the conditions were void.

The Court of Appeal held that, although the conditions were for good planning reasons related to the development, the conditions were so unreasonable as to be void under the principles in Wednesbury. The effect would be to convert a portion of the plaintiffs' land into a virtual public highway with no compensation and maintainable at their own expense.

The conditions could not be severed from the planning permission, so that was void also.