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Legal News

Court of Appeal considers law on overlapping planning permissions (Fiske v Test Valley BC)

Published on: 02 February 2024

Table of contents

  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Planning analysis: In Fiske v Test Valley BC, the court considered whether a local planning authority (LPA) was compelled to treat a scheme’s incompatibility with an earlier permission as a material consideration in the determination of the planning application. The Court of Appeal reviewed the relevant case law in Pilkington and Hillside Parks and concluded that the onus was on the developer to ensure a consent could lawfully be implemented, taking into account any inconsistency with other consents granted in relation to part or all of the same site. The LPA’s duty was to consider the planning merits of the proposal and any incompatibility was not obviously material to that determination. Written by Elizabeth Dunn, partner and Sarah Sutherland, practice development lawyer at Burges Salmon LLP.

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