Today the Supreme Court (Lady Black, Lord Lloyd-Jones and Lord Sales JJSC) refused the Welsh Ministers’ application for permission to appeal in the case of
Finney v Welsh Ministers [2019] EWCA Civ 1868. It is therefore now settled that s.73 of the Town and Country Planning Act 1990 may not be used to amend the operative part of a planning permission or to impose a condition which would be inconsistent with the operative part of the original planning permission.
Ben Fullbrook acted for Prof. Finney and
Richard Turney acted for the Welsh Ministers.
Ben and Richard recently participated in a webinar on the implications of this judgment, which can be accessed
here.
