Development in breach of condition: Implications of recent case law

Planning permissions for development are secured with the Local Planning Authority (LPA). In reality, disputes arise between developers and LPAs post-grant of planning permissions. Recently, a legal analysis that can be applied determining when works would be declared unlawful was established. This statutory framework of the Town and Country Planning Act 1990 is necessary in order to appreciate the significance of correctly identifying whether development has been carried out in breach of planning condition or has been carried out without the benefit of planning permission. Chronological order of the important cases in which the courts have addressed the legal consequences of commencing development without complying with a condition precedent is then considered. Finally, a summary and analysis of the current legal position, with some pointers as to the type of matters that will be relevant in determining works have commenced lawfully.