Master planning permission no longer capable of implementation following works done under variation permissions

03 Nov 2020

Planning and Environment

In Hillside Parks Ltd v Snowdonia National Park Authority [2020] EWCA Civ 1440 the Court of Appeal has held that a permission granted in 1967 for a large scale housing scheme in the Snowdonia National Park can no longer be carried on to completion because works have been done under later variation permissions that are different from the original scheme. Although the High Court had ruled in 1987 that the 1967 permission could be built out notwithstanding works done under variation permissions, and the local planning authority had granted further variation permissions on the same basis, the Court of Appeal held that changes in the law since 1987 and the need for careful planning in the national park meant that the local planning authority could change its mind and raise arguments about inconsistent permissions that had not been raised in 1987.
On the meaning and effect of the 1967 permission the Court of Appeal rejected the appellant’s case that it permitted a number of discrete acts of development, holding that it permitted a single scheme of development that had to be carried out fully in accordance with the original layout.
The appellant is currently seeking permission to appeal from the Supreme Court

Robin Green acted for the appellant, Hillside Parks Ltd.