Cases - Grampian Regional Council v City of Aberdeen District Council

Record details

Name

Grampian Regional Council v City of Aberdeen District Council

Date

(1984)

Citation

47 P&CR 633

Keywords

Planning control

Summary

Grampian Regional Council applied for planning permission to change a large site from agricultural to industrial use. The matter was referred to a reporter on appeal. The reporter found that access to the site could be obtained via a road which led to a T-junction with a dual carriageway. This would create a traffic hazard justifying refusal. He considered that a condition requiring the closure of part of this road, thus forcing traffic to use a safer junction, could not be imposed as it would require the Secretary of State's confirmation of the closure. So the reporter refused permission. Grampian contended that the reporter could have attached a condition that the development was not to proceed unless and until the road was closed. The House of Lords agreed. Lord Keith said:

'There is a crucial difference between the positive and negative type of condition in this context. Namely that the latter is enforceable while the former is not.'

He stated that a negative condition still has to pass the Wednesbury test of reasonableness, but in this case it was 'not only not unreasonable but highly appropriate'. Lord Keith also observed that the fact that development might not take place is a natural feature of the planning process. There is nothing to compel any successful applicant for planning permission to carry out his development.