Case details

London Borough of Lambeth (Appellant) v Secretary of State for Housing, Communities and Local Government and others (Respondents)

Case ID: UKSC 2018/0099

Case summary

Issue

Whether a condition restricting the use of the premises should be implied into a planning permission granted by the appellant; alternatively, whether the planning permission should be interpreted as containing such a condition.

Facts

In 2014 the appellant council received an application to vary a condition restricting the use of retail premises in Streatham, to expand the range of non-food goods that could be sold. The appellant granted a new planning permission, which did not include a condition restricting the use to the goods specified in the application. In 2015 the second respondent applied for a certificate of lawful use for unrestricted retail purposes. The appellant refused to grant the certificate, but the Secretary of State allowed the second respondent’s appeal.

Judgment appealed

[2018] EWCA Civ 844

Parties

Appellant

London Borough of Lambeth

Respondents
  1. Secretary of State for Housing, Communities and Local Government;
  2. Aberdeen Asset Management;
  3. Nottinghamshire County Council
  4. HHGL Ltd

Appeal

Justices

Lord Reed, Lord Carnwath, Lady Black, Lord Lloyd-Jones, Lord Briggs

Hearing start date

21 May 2019

Hearing finish date

21 May 2019

Watch hearing
21 May 2019 Morning session Afternoon session