Cases - Collis Radio v Secretary of State for the Environment

Record details

Name

Collis Radio v Secretary of State for the Environment

Date

(1975)

Citation

29 P&CR 390

Keywords

Planning control

Summary

Planning permission was refused for use of a warehouse as a retail warehouse. Although in itself the development would not be detrimental to existing shopping areas, if permission were granted it would lead to similar applications which would be difficult to refuse and the totality of permissions would be detrimental.

The appellant claimed that the prospect of proliferation of the same kind of use was not a proper consideration. In dismissing the appeal Lord Widgery CJ said:

'... human nature being what it is, if permission is granted for a particular form of development on site A it is very difficult to refuse similar development on site B if the circumstances are the same. It must happen constantly in practice that a local planning authority refuses planning permission in respect of site A because of the consequences which it fears might flow in respect of sites B, C and D. No court has so far said that that is not a proper consideration to be adopted by a planning authority ...'