Henry Boot Homes Ltd v Bassetlaw District Council [2002] EWCA Civ 983
Henry Boot is a leading Court of Appeal authority on material commencement where works are carried out in breach of pre-commencement planning conditions.
Planning permission commencement case law
Browse 16 cases in the Planning Geek Case Law Library concerning Planning permission commencement.
Greyfort Properties Ltd v Secretary of State for Communities and Local Government & Anor [2011] EWCA Civ 908
Greyfort is an important Court of Appeal authority on the Whitley principle, pre-commencement conditions and whether works lawfully implement a planning permission.
The Government of the Republic of France v The Royal Borough of Kensington and Chelsea & Ors [2017] EWCA Civ 429
The France v Kensington case distinguishes section 192 planning certificates from the much narrower section 26H listed-building certificate regime.
Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30
Hillside incompatible planning permissions is the modern Supreme Court authority on overlapping permissions and when later development makes an earlier planning permission incapable of further implementation. The case is not really about abandoning a permission. The central question is physical compatibility: can the development authorised by the earlier permission still be carried out after what has subsequently been built?
Nathan Gardiner v Hertsmere Borough Council & Anor [2022] EWCA Civ 1162
Gardiner retrospective CIL is a leading Court of Appeal authority on self-build relief where development began before planning permission and was later regularised retrospectively. The court held that the CIL self-build exemption could not be secured after the event. With a retrospective section 73A permission, the permission and deemed commencement arise together, leaving no pre-commencement window in which the statutory exemption steps can be completed.
