A brief recap of Hillside
Planning permission was granted for a development site – known as Balkan Hill – in 1967. Over the years, several ‘drop in’ planning permissions replanned parts of the development site. Balkan Hill changed significantly from what was intended by the 1967 planning permission. The question that the Supreme Court had to address in 2022 was whether the developer, Hillside Parks Ltd, could carry out further development under the 1967 planning permission. The local planning authority claimed they could not.
The Supreme Court held that the developer could no longer carry out development under the 1967 planning permission due to a ‘material’ conflict between the existing development and that which had been permitted by the 1967 planning permission.
In this article we focus on the practical implications for developers from the Supreme Court’s judgement.