Cases - R v Flintshire County Council, ex parte Somerfield Stores Ltd

Record details

Name

R v Flintshire County Council, ex parte Somerfield Stores Ltd

Date

[1998]

Citation

EGCS 53

Keywords

Planning control

Summary

A planning condition required a study of the report on the highway effects of the development to be submitted for approval before development commenced. It was claimed that this condition was not complied with before development commenced, as there was no record of an application for approval and no record of a decision.

The court held that the condition had been complied with in substance. All that was missing was the formality of a written application and written notice of approval. The work had been in conformity with the approved plans with the full knowledge and co-operation of the planning and highway authorities. It would have been unreasonable for the council to have decided that the permission could not be implemented.