Cases - Kingston-upon-Thames Royal London Borough Council v Secretary of State for the Environment
Record details
- Name
- Kingston-upon-Thames Royal London Borough Council v Secretary of State for the Environment
- Date
- [1974]
- Citation
- 1 AII ER 193
- Legislation
- Keywords
- Planning control - Town and Country Planning Act 1990
- Summary
-
British Railways Board obtained planning permission to rebuild a station. Permission was granted subject to a condition that certain land to the south of the station and owned by the Board be used for car parking and no other purpose. This land had within it an electric traction cable, carried in a conduit, which supplied the electricity for the trains using the line. The Board challenged the validity of the condition.
The High Court held that the condition was valid in law. There is no rule of law that a condition cannot restrict existing uses without compensation. Mr Justice Bridge also observed that, as the 1990 Act specifically authorises the imposition of a condition to regulate the use of, or require works on, land other than the application site, it must encroach by its very nature on the applicant's rights over that land.