Builder wins planning dispute with oppressive local authority

A building firm has won a planning dispute with a local council whose demands were bordering on the “oppressive” according to the High Court.

The builder had planning permission to build 85 houses, subject to certain conditions, including the provision of landscaping and managing construction vehicles.

After work began, the local council alleged breach of planning control in relation to delivery hours, management of vehicles and landscaping.

It sought a court order that deliveries between the hours 0800-0900 and 1500-1600 were "to be avoided". It also wanted the builder to provide a gate person at all times, ensure stricter management of vehicles and to implement the soft landscape works in accordance with the approved programme.

The court found in favour of the builder. It held that the phrase "to be avoided" meant that deliveries were to be discouraged, not that they were in all circumstances prohibited. The house builder could not sensibly be regarded as having breached its obligations.

There was no evidence that the builder had failed to manage vehicles properly. The local authority’s efforts to obtain a court order on this issue was “disproportionate and bordering on the oppressive”.

The court was also satisfied that the builder would complete the landscaping in accordance with the approved scheme and so a court order would be unnecessary and disproportionate.

Please contact Steven Taylor 0208 290 7304 or email staylor@judge-priestley.co.uk if you would like more information about the issues raised in this article or any legal issue relating to planning and development.

The views expressed in this article are those of the article contributors, for which Judge & Priestley LLP accepts no responsibility. Readers should take appropriate legal advice before acting on any issues raised.