High Court clarifies the application of s.73 TCPA 1990

In a judgment last week (Finney v Welsh Ministers [2018] 3073 (Admin)), the High Court provided further guidance on the application of the Arrowcroft principle – namely that s.73 TCPA 1990 may be used to amend a planning permission so long as the amendment does not amount to a fundamental alteration.  Giving judgment, Sir Wyn Williams held that this principle applies even where that amendment would contradict or go beyond the “operative” part of the planning permission – i.e. the description of development.  This would appear to clarify the position following arguably conflicting judgments in R (Wet Finishing Works) v Taunton Deane Borough Council [2018] PTSR 26 and R (Vue Entertainment) v City of York [2017] EWHC 588 (Admin).

The Claimant was represented by Ben Fullbrook; the Defendant by Richard Turney.