Cases - Bradford City Council v Secretary of State for the Environment and McLean Homes Northern Ltd
Record details
- Name
- Bradford City Council v Secretary of State for the Environment and McLean Homes Northern Ltd
- Date
- [1986]
- Citation
- 1 EGLR 199
- Keywords
- Planning control
- Summary
-
Planning permission was granted for housing development adjacent to a narrow road that was already overloaded. A condition required the road to be widened by one metre before the dwellings were occupied.
The Court of Appeal held that the condition was manifestly unreasonable. Little distinction could be made between the case and Hall & Co v Shoreham except that the authority contended that the developer had agreed to its terms. Even if this were the case, it would make no difference as vires cannot be conferred by consent.