Cases - Kent County Council v Kingsway Investments (Kent) Ltd

Record details

Name
Kent County Council v Kingsway Investments (Kent) Ltd
Date
[1970]
Citation
1 AII ER 70
Keywords
Planning control
Summary

Two law lords were of the opinion that there might be cases where unimportant conditions could be severed (the prevailing view in the Court of Appeal decisions) but a third thought that the permission would always fail where a condition was struck out for invalidity. In this particular case, the condition was important so, if it had been void, the permission would have fallen.