Justice Dove came down from above and handed judgement in Choiceplace earlier today. The case might well have some far ranging implications.

The case involves a lawful development certificate to continue to carry out development following a planning permission. It turned on a streetscene drawing, part of the approved suite of drawings covered by the usual “:in accordance with the the approved drawings” condition. In a nutshell the streetscene didn’t correctly depict the locality. The key paragraph in the judgement is lengthy but says::

There is no reason why the depicted heights of the existing buildings should be regarded as illustrative or somehow excluded from the requirements of condition 1 on the planning consent. As was pointed out during the course of argument, a relationship between a proposed development and the existing height of either adjacent structures or indeed adjacent ground levels is a matter to be accurately depicted on plans accompanying planning permission for good reason. It is at the very least to be assumed to be an accurate depiction, in the absence of any specific text on the drawing indicating that elements of it are not to scale. The Inspector was correct in pointing out that the drawing showed a relationship between the proposed development and surrounding buildings which should have been capable of replication on the site at the time permission was granted and it was not. In short, the development is not capable of being implemented in accordance with the approved drawings because it is not capable of being implemented in a manner which replicates the street elevations both longitudinally and axially which are purported to be shown to scale on drawing P.04. To reach that conclusion does not involve any suggestion that the planning application granted might be capable of controlling the scale or appearance of adjacent dwellings beyond the application on site; it is simply a reflection of the inaccuracy in the plans leading to an inability to construct a development which accords with that which is depicted upon them.

So in a nutshell. if plans don’t accurately depict the site or the locality, then your entire permission could well be of no effect and incapable of being implemented.