Grampian Regional Council v Secretary of State for Scotland and City of Aberdeen District Council 1984 SC (HL) 58
Grampian gave its name to the negatively worded planning condition now commonly called a Grampian condition. The House of Lords confirmed that permission can be made conditional on an event taking place before development starts even where the applicant cannot bring that event about alone.
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- Neutral citation
- 1984 SC (HL) 58; 1984 SLT 197; (1984) 47 P&CR 633
- Court
- House of Lords (Scotland)
- Judgment date
- 24th November 1983
- Judge
- Lord Fraser of Tullybelton, Lord Keith of Kinkel, Lord Scarman, Lord Roskill and Lord Bridge of Harwich; Lord Keith delivered the leading speech
A negative condition can control an event outside the applicant’s control
The proposed industrial development created a road-safety objection. That objection could be overcome if a section of road was closed, but the applicant could not itself make the road-closure order effective.
The House of Lords held that a condition could nevertheless prohibit commencement of the development until the road had been closed. The crucial distinction was between positively requiring the applicant to do something beyond its power and negatively preventing development until the necessary event had occurred.
The normal planning-condition tests still apply
A Grampian condition is not automatically lawful merely because it is expressed negatively. It must still serve a planning purpose, fairly and reasonably relate to the development and satisfy public-law standards of reasonableness.
Later authority describes Grampian as a case where there were reasonable prospects that the necessary road closure would occur.
Why Grampian remains important
The device is now routinely considered where necessary infrastructure, highway works, mitigation or other action depends on land or powers outside the applicant’s ownership or direct control.
Current national guidance likewise recognises negatively worded conditions but warns against them where there are no prospects at all of the required action being performed within the permission’s time limit.
Judgment source
Planning Geek now holds the full House of Lords report locally. Gold Members can open it below.
The case and its principle are also described by the Supreme Court inAberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Ltd [2017] UKSC 66, which refers to the original authority as Grampian Regional Council v Secretary of State for Scotland and City of Aberdeen District Council 1984 SC (HL) 58.
Grampian Case Law Page Updated: 26th September 2026