In dismissing an appeal against the decision of HHJ Jarman QC that the Order had lapsed, the Court of Appeal held that the inclusion of provisions in the 2015 Order which provide for when development “commences” impliedly replaced, in modified form, the provisions of the Planning Act 2018 which control when development is deemed to “begin”. The Court gave some helpful and important guidance on the approach to interpretation of DCOs and emphasised the need for a greater precision in the drafting of such orders. 

All parties in the case were represented by members of FTB.
Michael Humphries KC (leading James Kon of Asserson) represented the Appellant, Mark Westmoreland Smith and Charles Streeten represented the Secretary of State for Business, Energy and Industrial Strategy, Emyr Jones represented the Welsh Ministers and Douglas Edwards KC represented the Council of the City and County of Swansea.