Success for James Burton as Court of Appeal defines limits of s.73 TCPA (and generally as regards imposition of conditions on planning permissions): Test Valley BC v Fiske

The Court of Appeal (Lord Justices Dingemans, William Davis and Holgate, the lead judgment being given by Lord Justice Holgate) handed down judgment in Test Valley Borough Council v Fiske [2024] EWCA Civ 1541, dismissing Test Valley BC’s appeal against the judgment of Mr Justice Morris in favour of James’ client, Mrs Fiske (in [2023] EWHC 2221 (Admin)).

The judgment clarifies some big points of planning legal principle concerning restrictions on the use of s.73 TCPA, in particular that conditions imposed under s.73 cannot materially depart from the (necessarily fixed) ‘operative part’ of the original planning permission. Although the ratio of the judgment concerns s.73, its significance extends to s.70. It has major ramifications for what LPAs can/cannot do when imposing conditions on planning permissions.

For James’ immediate thoughts regarding the judgment, see his LinkedIn post: here

For the judgment, see: here