On the Case: What Finney means for section 73 and planning

 

Karen Cooksley, head of the planning department at Winckworth Sherwood, joins EG's Jess Harrold in the Studio to discuss the recent Court of Appeal ruling in Finney v Welsh Ministers and others [2019] EWCA Civ 1868; [2019] PLSCS 211.

The effect of the court's decision is that it is no longer lawful for local planning authorities to use powers under section 73 of the Town and Country Planning Act 1990 to amend the description of development on a planning permission.

Cooksley explains how section 73 was one of the major areas of flexibility in the planning system, frequently used to amend conditions attached to permissions after they had been granted - and why this decision in a case involving wind turbines will have major ramifications for housing developers and local authorities.