''Fawcett Properties Ltd v Buckingham County Council''

960 Year 960 ( CMLX) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Summer – Siege of Chandax: A Byzantine fleet with an expeditionary force (co ...

has become a leading case in planning law and concerned agricultural conditions of use. It is also relevant for its tests on finding certainty versus uncertainty of policy, contract or other concepts rendering them void. It has been applied in

English trusts law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...

which has long held a ''

cy-près doctrine The cy-près doctrine ( ; Law French, , modern French: ''si près'' or ''aussi près'') is a legal doctrine which allows a court to amend a legal document to enforce it "as near as possible" to the original intent of the instrument, in situations ...

'', expressed in pre 1649-

Law French Law French ( nrf, Louai Français, enm, Lawe Frensch) is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, be ...

meaning "there nearly" that is perfecting concepts or a purpose for funds which is tantamount to a legitimate interest or concern and intended to take clear effect.

Legal context

The law of

planning permission Planning permission or developmental approval refers to the approval needed for construction or expansion (including significant renovation), and sometimes for demolition, in some jurisdictions. It is usually given in the form of a building perm ...

s, integral to

urban planning Urban planning, also known as town planning, city planning, regional planning, or rural planning, is a technical and political process that is focused on the development and design of land use and the built environment, including air, water, ...

, sits at the crossroads of

land law Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use a ...

and public law. Specifically it combines the laws enabling and interpreting development and commercial interests with public interest laws such as in social welfare, food resource sustainability, quality/aesthetic consistency of housing and pollution mitigation. The case stressed the legitimate goal of protection of the

Metropolitan Green Belt The Metropolitan Green Belt is a statutory green belt around London, England. It comprises parts of Greater London, Berkshire, Buckinghamshire, Essex, Hertfordshire, Kent and Surrey, parts of two of the three districts of Bedfordshire and a s ...

in primary legislation and similar restrictions crop up in rural zoned

land use Land use involves the management and modification of natural environment or wilderness into built environment such as settlements and semi-natural habitats such as arable fields, pastures, and managed woods. Land use by humans has a long h ...

areas outside of Local Plan development zones, in UK planning practical policy. The case upheld the ability of local planning authorities (LPAs) to impose restrictions which will only allow development in sensitive parts of their areas where meeting a pressing agricultural need to house the family of an agricultural/forestry worker, provided it has balanced such policies against those enabling developments to, if fully developed, meet the local housing needs assessment. The cases recognises that greenfield sites are cheaper to develop and have more aesthetic qualities than many brownfield (urban) sites however many LPAs will choose to make any development on such land a narrow exception not a norm.

Facts

Buckingham County Council gave permission for cottages to be built in an urban

green belt A green belt is a policy and land-use zone designation used in land-use planning to retain areas of largely undeveloped, wild, or agricultural land surrounding or neighboring urban areas. Similar concepts are greenways or green wedges, which hav ...

, on the condition that ‘occupation of the houses shall be limited to persons whose employment.... is... in

agriculture Agriculture or farming is the practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled people to ...

... or in

forestry Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests, woodlands, and associated resources for human and environmental benefits. Forestry is practiced in plantations and natural stands. Th ...

or in an industry mainly dependent upon agriculture’, as defined by the

Town and Country Planning Act 1947 The Town and Country Planning Act 1947 (10 & 11 Geo. VI c. 51) was an Act of Parliament in the United Kingdom passed by the Labour government led by Clement Attlee. It came into effect on 1 July 1948, and along with the Town and Country Plannin ...

section 119. Fawcett Properties Ltd argued this condition was void.

Judgment

The House of Lords held that the condition was valid because it followed the policy of keeping the green belt for agricultural population, similarly defined in the Housing Act 1936 section 115. The definition could not, without overwhelming evidence, be held void for uncertainty. In the course of his judgment,

Lord Denning Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...

reasoned:

961 Year 961 ( CMLXI) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 6 – Siege of Chandax: Byzantine forces under Nikephoros II Phokas cap ...

AC 636, 678

Applied in

*'' Trump International Golf Club Scotland Ltd v The Scottish Ministers''

015 Fifteen or 15 may refer to: *15 (number), the natural number following 14 and preceding 16 *one of the years 15 BC, AD 15, 1915, 2015 Music *Fifteen (band), a punk rock band Albums * ''15'' (Buckcherry album), 2005 * ''15'' (Ani Lorak album ...

UKSC 74, Supreme Court (Scotland) (SC S) *''Percy v Hall''

997 Year 997 (Roman numerals, CMXCVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Japan * 1 February: Empress Teishi gives birth to Princess Shushi - she is the first ...

QB 924, CA *''Newbury District Council v Secretary of State for the Environment'' (1977) 75 LGR 608, DC (Divisional Court) *''City of London Corporation v Secretary of State for the Environment'' (1971) 71 LGR 28 *''East Suffolk County Council v Secretary of State for the Environment'' (1972) 70 LGR 595, DC *''Hall & Co Ltd v Shoreham-by-Sea Urban District Council''

964 Year 964 ( CMLXIV) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events Byzantine Empire * Arab–Byzantine War: Emperor Nikephoros II continues the reconquest of south-eastern Anatoli ...

1 WLR 240 and (1963) 61 LGR 508, CA including

Obiter dictum ''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbi ...

/Opinion of Lord Denning

Considered in

*''Newbury District Council v Secretary of State for the Environment''

978 Year 978 ( CMLXXVIII) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Pankaleia: Rebel forces under General Bardas Skleros are defeated ...

1 WLR 1241, CA *''Kingsway Investments (Kent) Ltd v Kent County Council''

969 Year 969 ( CMLXIX) was a common year starting on Friday (link will display the full calendar) of the Julian calendar, the 969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 1st millennium, the 69th ...

2 QB 332, CA *''Mixnams Properties Ltd v Chertsey Urban District Council''

1 QB 214, CA *''Wilson v West Sussex County Council''

963 Year 963 (Roman numerals, CMLXIII) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 15 – Emperor Romanos II dies at age 25, probably o ...

2 QB 764, CA

Notes and references