The Weekly Law Reports
[1958] 2 WLR 371
[COURT OF APPEAL.]
PYX GRANITE CO. LTD. v. MINISTRY OF HOUSING AND LOCAL GOVERNMENT AND ANOTHER.
[1954 P. No. 3415.]
1957 Dec. 9,
10,
11,
12;
1958 Feb. 7.
1958 Feb. 7.
Lord Denning, Hodson and Morris L.JJ.
Town and Country Planning
— Development
— “Authorized by Act”
— Private Act enacting that heads of agreement between parties “are hereby confirmed and made binding” on parties
— Whether provisions binding as a contract or as a statute
— Whether permission required
— Quarrying
— Permission granted subject to conditions 372imposed by Minister
— Whether conditions related to permitted development valid without provision for compensation
—
Malvern Hills Act, 1924 (14 & 15 Geo. 5, c. xxxvi), s. 54, Sch. 4
—
Town and Country Planning Act, 1947 (10 & 11 Geo. 6, c. 51), ss. 14, 15, 17, 26, 27
—
Town and Country Planning General Development Order, 1950 (S.I. 1950, No. 728), arts. 3 (1), 4 (1), Sch. I, Class XII.
Town and Country Planning
— Development
— Conditions
— Validity.
Practice and Procedure
— Declaratory judgment
— Town and Country Planning
— Development
— Declaration
— Whether jurisdiction to grant declarations ousted by statute
—
Town and Country Planning Act, 1947, ss. 14, 15, 17.
Statute
— Construction
— Jurisdiction of High Court
— Not to be taken away save by clear words.
Crown Practice
— Certiorari
— Inferior tribunal
— Minister
— Town and Country Planning
— Development
— Validity of conditions
— Whether certiorari will lie
—
Town and County Planning Act, 1947, s. 14.