Cases - Heron Corporation Ltd v Manchester City Council

Record details

Name

Heron Corporation Ltd v Manchester City Council

Date

[1978]; [1978]

Citation

3 AII ER 1240; 1 WLR 937

Keywords

Planning control

Summary

Heron Corporation were granted outline permission for the comprehensive redevelopment of an 8 acre site in Manchester. After an application for reserved matters for phase 1 of the development was granted, a number of buildings within the site were listed and could no longer be demolished. So Heron submitted an application for a new layout which retained the listed buildings. The local planning authority contended that, once reserved matters have been approved, they cannot be revised or varied by a further submission of reserved matters under the same outline consent.

The Court of Appeal disagreed. Lord Denning MR said that he could see no reason why the applicant should not make another and different application for approval. Likewise he saw no reason why the application for approval of a reserved matter should cover the whole site.

'When a big development is in progress, when it is done in stages or phases, an application can be made for approval of the plans for each part or phase in time, without the developer committing himself to the details of a later stage or phase.'