PRE-COMMENCEMENT CONDITIONS

September 19th, 2024 by James Goudie KC

In R ( FRIENDS OF WEST OXFORDSHIRE COTSWOLDS ) v WEST OXFORDSHIRE DC ( 2024 ) EWHC 2291 ( Admin ) there are applied the GENERAL PRINCIPLE ( BODDINGTON ) that, once pronounced unlawful by a Court, an administrative act is recognized as never having had legal effect, and the GENERAL PRINCIPLE ( WHITLEY ) that where operations do not comply with a planning permission , read together with its conditions, they would be unauthorised and unlawful. The Court states the conditions for the latter principle to apply.

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