Cases - Davenport v Hammersmith and Fulham London Borough Council

Record details

Name

Davenport v Hammersmith and Fulham London Borough Council

Date

[1999]

Citation

2 PLR 96

Keywords

Planning control

Summary

D was granted planning permission in connection with the use of land for motor vehicle repairs, subject to a condition that 'no vehicles which have been left with or are in the control of the applicant shall be stored or parked in Tasso road'. D claimed that the condition was ultra vires section 72(1) as it related to land outside the application site and outside his control. He claimed that section 70 only related to on-site conditions.

The Divisional Court held that the condition was within the powers in section 70 and was valid. The condition was negative in effect and was plainly within the power of the applicant. All it required was that he did not use certain land outside his control for a stated purpose. No control of the land was needed in order to comply with the condition.