Cases - George Wimpey & Co Ltd v New Forest District Council

Record details

Name

George Wimpey & Co Ltd v New Forest District Council

Date

[1979]; (1979); [1979]

Citation

1 EGLR 156; 250 EG 249; JPL 314

Keywords

Planning control

Summary

The existing access to a development site was by housing estate roads. Such access was unsuitable for construction vehicles. So the applicants (Wimpey) entered into agreements with the adjoining owner under which they were granted a licence for a right of way for vehicles along a strip of land. However, the licence was terminable at any time by one month's notice if the use of the right of way interfered with the development of the adjoining land. So the Secretary of State refused planning permission on the basis that the agreements were not such that the land could be considered to be 'under the control of the applicant'.

The High Court stated that control does not necessarily involve having an estate or interest in land. It is therefore a question of fact and degree for the Secretary of State whether the control is of a degree and kind sufficient to satisfy him that the condition will be complied with. The control should be 'such as appears expedient for the purpose of implementing the condition'. So there was ample evidence for the Secretary of State to have come to the conclusion that there was insufficient control to impose a condition ensuring the construction traffic used the adjoining land.

(It was agreed that a condition prohibiting the use of estate roads for construction traffic would have been valid.)