Cases - M J Shanley (in liquidation) v Secretary of State for the Environment and South Bedfordshire District Council

Record details

Name

M J Shanley (in liquidation) v Secretary of State for the Environment and South Bedfordshire District Council

Date

[1982]

Citation

JPL 380

Keywords

Planning control

Summary

A planning condition required local people to be given the first opportunity to buy houses within a development. Notwithstanding the high degree of uncertainty required to make the condition void according to the House of Lords in the Fawcett case, Mr Justice Woolf held that the condition was void. It did not give any indication at all as to the method or terms upon which the first opportunity was to be offered. It would be incapable, in practice, of being enforced.