The Public and Third Sector Law Reports
[2023] PTSR 492
Court of Appeal
Tidal Lagoon (Swansea Bay) plc
v
Secretary of State for Business, Energy and Industrial Strategy and others
[2022] EWCA Civ 1579
2022 Oct 26; Dec 1
Sir Geoffrey Vos MR, Sir Keith Lindblom SPT,Stuart-Smith LJ
Planning— Development— Consent order— Secretary of State granting development consent order for tidal lagoon electricity generating station— Development consent order requiring development to commence within five years beginning on date order coming into force— Primary planning legislation providing development to be begun within five years of development consent order being made— Whether requirement to commence development within five years in development consent order displacing period prescribed by primary legislation— Whether “commence” in development consent order and “begin” in primary legislation having same meaning—
Planning Act 2008 (c 29), ss 154, 155
—
Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 (SI 2015/462), reg 6
—
Swansea Bay Tidal Generating Station Order 2015 (SI 2015/1386), art 2(1), Sch 1, Pt 3, para 2
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