Cases - Fawcett Properties v Buckingham County Council

Record details

Name

Fawcett Properties v Buckingham County Council

Date

[1960]

Citation

3 AII ER 503

Legislation

Town and Country Planning Act 1957

Keywords

Planning control - Town and Country Planning Act 1957

Summary

In 1952 planning permission was granted for the erection of a pair of farm workers' cottages on condition that 'the occupation of the houses shall be limited to persons whose employment or latest employment is or was employment in agriculture as defined by [section] 119(1) of the Town and Country Planning Act 1957, or in forestry, or in an industry mainly dependent upon agriculture and including also the dependants of such persons as aforesaid'. The site was within an area designated as proposed green belt. The cottages were acquired by a property company who contended that the condition was void for uncertainty. It was argued, for example, that a Canadian fur trapper could fall within the definition.

The House of Lords held that the condition was valid. Lord Denning stated that a planning condition is only void for uncertainty if it can be given no sensible or ascertainable meaning, and not merely because it is ambiguous or leads to absurd results. So the agricultural restriction would be limited to persons who are employed in agriculture in the locality or in a local industry directly dependent on agriculture in the locality (such as a blacksmith).