Swindon Borough Council v Secretary of State for Housing, Communities and Local Government

Subject Matter

PLANNING — Planning permission — Conditions — Grant of planning permission for employment development — Condition requiring proposed access roads constructed to ensure each unit served by fully functional highway — Whether condition lawfully requiring public to have rights of passage over access roads — Whether condition attached to planning permission could lawfully require developer to dedicate its land as public highway without compensation

[2019] EWHC 1677 (Admin); [2020] RTR 21, QBD

[2020] EWCA Civ 1331; [2021] PTSR 432; [2020] WLR(D) 560, CA

PLANNING — Planning permission — Conditions — Grant of planning permission for commercial development — Condition requiring construction of access roads so as to ensure each unit served by fully functional highway — Whether condition requiring developer to dedicate access roads as public highways — Whether condition so construed capable of being lawfully attached to planning permission — Town and Country Planning Act 1990 (c 8), ss 70, 72

[2022] UKSC 33; [2023] 1 WLR 198; [2023] PTSR 160; [2023] 2 All ER 621; [2023] RTR 12; [2022] WLR(D) 512; The Times, 27 December 2022, SC(E)

Appellate History