Fiske v Test Valley BC [2023] EWHC 2221

 

https://www.bailii.org/ew/cases/EWHC/Admin/2023/2221.html

Limitation:

• Cannot produce a conflict with the operative part of the original  permission 
• Cannot fundamentally alter the development permitted under the original permission 

Reviewed a number of authorities including Wheatcroft 

The broad proposition therefore… is that a condition the effect of which is to allow the development but which amounts to a reduction of that proposed in the application can legitimately be imposed so long as it does not alter the substance of the development for which permission was applied for…” (emphasis added)

 

The italicised words above are what has been referred to as “the Wheatcroft principle”.