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Town & country planning

11 November 2010
Issue: 7403 / Categories: Case law , Law digest
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R (on the application of Usk Valley Conservation Group and others) v Brecon Beacons National Park Authority [2010] EWHC 71 (Admin), [2010] All ER (D) 194 (Jan)

Where an ambiguity in an application for planning permission went to the heart of what was proposed, a permission which reflected that ambiguity would in turn be legally uncertain in a way which could not be remedied by examination of the application, with the plans and documents which were part of it.

A permission which did not contain that ambiguity would not be for the development applied for. The grant was not the place or time to resolve such an ambiguity in the application; it was not for conditions to define the scale of the application in a way which went to the very heart or nature of the application, as opposed to controlling the permitted development.
 

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