The claim concerned the scope of the power of a local planning authority to impose conditions under the Wheatcoft and Newbury principles, as well as whether, on the facts of the case, a legitimate expectation had arisen. The claim was for judicial review of the decision of the Bournemouth, Christchurch and Poole Council to grant full planning permission for a mixed-use development, including 130 residential dwellings, on the site of the former police station in Christchurch. 

The judgment sets out some findings on the scope of the Wheatcroft principle and the extent that it can be used to impose conditions which change the form of development such that the full planning permission granted does not accord with the description of development or with the submitted site plan. The Judge also considers the scope to impose such conditions, consistent with the Newbury principles, without the agreement of the applicant for planning permission.

The judgment is available here. 

Douglas Edwards QC and Mark O’Brien O’Reilly (Pupil), instructed by Christian Silk of Foot Anstey LLP, acted for the Interested Party, Aster Group Limited.