The Public and Third Sector Law Reports
[2019] PTSR 292
Court of Appeal
Regina (Network Rail Infrastructure Ltd)
v
Secretary of State for Environment, Food and Rural Affairs
[2018] EWCA Civ 2069
2018 June 19; Sept 21
Lewison, Lindblom, Flaux LJJ
Planning— Planning permission— Conditions— Grant of planning permission for residential development— Condition restricting completion of balance of development until order for stopping up of footpath confirmed or not confirmed— Inspector declining to confirm order as condition not meeting statutory test of necessity— Whether statutory test properly applied— Whether planning condition properly construed— Whether stopping up order “necessary” to implementation of planning permission— Whether decision to be quashed—
Town and Country Planning Act 1990 (c 8) (as amended by Growth and Infrastructure Act 2013 (c 27), s 12(2)(4)(5) and Planning (Wales) Act 2015 (anaw 4), s 38(2)(3)(a)), ss 257, 259