UPDATE You might remember our recent post
Important Note for Planning Applications by John D. Campbell QC https://scotlandagainstspin.org/2020/05/a-note-from-a-legal-contributor-2/
Mr Campbell considered that this decision may find its way to the Supreme Court as it is not good news for the growing number of applications to Councils which simply seek to raise the heights of wind turbines which are consented, but not yet built. It would seem that they are going to have to begin again, with new applications.
Well it did find its way to the Supreme Court and this was the result!!
The Supreme Court (Lady Black, Lord Lloyd-Jones and Lord Sales JJSC) refused the Welsh Ministers’ application for permission to appeal in the case of Finney v Welsh Ministers [2019] EWCA Civ 1868. It is therefore now settled law that section 73 of the Town and Country Planning Act 1990 may not be used to amend the operative part of a planning permission or to impose a condition which would be inconsistent with the operative part of the original planning permission. Put simply, a condition that changes the description of the development is unlawful.
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