Planning analysis: In Howell v Waveney DC, the Planning Court found that development carried out in breach of a pre-commencement condition was capable of lawfully implementing the planning permission for a wind turbine. The particular condition requiring certain details of the wind farm to be notified to the local planning authority (LPA) did not go to the heart of the planning permission, relying on the decision in Hart Aggregates. The development was lawfully commenced—the breach did not render it unlawful.
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