PLANNING CONDITION

March 7th, 2024 by James Goudie KC

R ( Lisle-Mainwaring ) v Kensington & Chelsea RLBC ( 2024 ) EWHC 440 ( Admin ) holds ( para 44 ) that the general principle, that applies to applications for planning permission and for approval of reserved matters, that once a valid application has been made, a LPA has a continuing duty to determine it, applies also to an application for approval required under a planning condition. Further, the fact that such an application is made before the time limit on a planning permission has expired, and is determined after it has expired, is not a good reason to disapply that principle.

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