Friday, 3 May 2019

Supreme Court to consider ‘implied’ conditions


I reported in this blog on both the High Court judgment [ [2017] EWHC 2412 (Admin) ] and the decision of the Court of Appeal [ [2018] EWCA Civ 844 ] in Lambeth LBC v SSCLG.

This case has been appealed to the Supreme Court, and is due to be heard on 21 May.

It raises an important issue as to the extent (if any) to which conditions may be implied in a planning permission where an express condition has not been included in the permission.

If, as is likely, judgment is reserved, we may get the result in June or July.

© MARTIN H GOODALL

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