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Publish date

19 May 2020

UPDATE: Supreme Court refuses permission to appeal in Finney

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 law that section 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. Put simply, a condition that changes the description of the development is unlawful.

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