R (Greaves and another) v Boston Borough Council [2014] EWHC 3950 (Admin)
Greaves is a useful High Court authority on technical planning conditions. The challenge concerned a noise condition attached to permission for a small wind turbine and whether the condition was too uncertain to be enforceable.
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- Neutral citation
- [2014] EWHC 3950 (Admin)
- Court
- High Court, Administrative Court
- Judgment date
- 25th November 2014
- Judge
- Dove J
- Case number
- CO/13082/2012
Technical language did not make the condition uncertain
The condition limited noise from the turbine by reference to acoustic measurements including LA90 over a five-minute period. The claimants argued that the condition was insufficiently certain because it did not spell out every detail of how measurements were to be taken and assessed.
Dove J rejected that argument. Planning conditions are to be interpreted sensibly and in context. It is not unusual for a condition to require measurements, tests or assessments by people with specialist expertise, and professional judgment may legitimately be needed when applying it.
Specialist judgment is different from legal uncertainty
A condition does not become unenforceable simply because an ordinary reader could not apply it without an acoustician or environmental-health officer. The question is whether the condition has an ascertainable meaning and can sensibly be applied.
The court therefore distinguished genuine uncertainty from a condition which is precise enough but technically sophisticated.
Standing and settlement also mattered
The judgment also dealt with the claimants’ standing after they had sold the neighbouring property and with the effect of an earlier settlement. Those issues provide an additional reminder that a technically arguable planning challenge may still fail for procedural reasons.
Judgment source
A full transcript is available from Richard Buxton Solicitors: Greaves v Boston Borough Council [2014] EWHC 3950 (Admin).
Planning Geek also holds the full judgment in the protected case law library. Gold Members can open it below.
Greaves Case Law Page Updated: 11th September 2026