The WLR Daily case summaries
[2017] WLR(D) 614
Queen’s Bench Division
Regina (Network Rail Infrastructure Ltd) v Secretary of State for the Environment, Food and Rural Affairs
[2017] EWHC 2259 (Admin)
2017 July 25, 26; Sept 8
Holgate J
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 Planning and Compulsory Purchase Act 2004 (Commencement No 9 and Consequential Provisions) Order 2006 (SI 2006/1281), art 5(c), Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (SI 2006/1177), reg 2, Sch 1(1), para 1 and Growth and Infrastructure Act 2013 (c 27), s 12), ss 257, 259