Cases - Sevenoaks District Council v First Secretary of State
Record details
- Name
- Sevenoaks District Council v First Secretary of State
- Date
- [2004]; [2004]
- Citation
- EWHC 771 (Admin); 14 EG 141 (CS)
- Legislation
- Keywords
- Planning control
- Summary
-
Permission for a golf course was subject to a condition that, prior to the commencement of the development, details of associated engineering works should be submitted to, and approved in writing by, the local planning authority.
The condition failed to require that the works be carried out in accordance with the approval. Details were submitted and approved but the developer erected earth bunds higher than the approval specified. The authority served an enforcement notice alleging breach of condition, but the inspector allowed the developer's appeal with costs on the basis that the condition had been complied with. The authority appealed on the basis that compliance with the approved works was implied by the condition.
Mr Justice Sullivan held that as a planning permission is a public document it was essential that any obligation was clearly and expressly imposed. Where a condition is unambiguous, no extraneous words were to be implied.