“…evisit matters of principle settled by the grant itself (see the judgment of Richards L.J. in Murrell v Secretary of State for Communities and Local Government [2010] EWCA Civ 1367; [2011] 1 P. & C.R. 132, at paragraphs 44 to 50). In the context of reserved matters approvals, “scale” and “appearance” are distinct concepts (see the judgmen…”
“…y to his application”.This understanding of the significance of prior approval was applied in Murrell v Secretary of State for Communities and Local Government [2010] EWCA Civ 1367; [2012] 1 P. & C.R. 6, where it was held that a developer had a right to develop after the period of 28 days for determining an application for prior approval …”
“… planning authority had to determine whether prior approval was required (see in this respect Murrell v Secretary of State for Communities and Local Government [2010] EWCA Civ 1367, [2011] 1 P&CR 6). If, Miss Jackson submitted, Parliament had intended to alter the way in which time limits in respect of prior approval applications operated…”