Cases - Pye v Secretary of State for the Environment, Transport and the Regions and North Cornwall District Council
Record details
- Name
- Pye v Secretary of State for the Environment, Transport and the Regions and North Cornwall District Council
- Date
- [1998]
- Citation
- 3 PLR 76
- Legislation
- Keywords
- Planning control
- Summary
-
Mr Justice Sullivan held that when considering an application under section 73, the local planning authority have to have regard to the factual circumstances as they exist at the time of their decision. If policies have changed, that must be taken into account. (This decision was approved by the Court of Appeal in Powergen UK plc v Leicester City Council.)
He also observed that a section 73 application 'leaves the original permission intact and unamended'. (Compare this with an appeal under section 78 which carries the risk of the permission being refused altogether.)