Fawcett Properties Ltd v Buckingham CC

Fawcett Properties Ltd v Buckingham CC
Court House of Lords
Citation(s) [1961] AC 636
Keywords
Planning, certainty

Fawcett Properties Ltd v Buckingham County Council [1961] AC 636 is an land law case on planning. It is also relevant for the general principles to determine the certainty (and potential invalidity) of concepts, as found particularly in English trusts law.

Facts

Buckingham County Council gave permission for cottages to be built in an urban green belt, on the condition that ‘occupation of the houses shall be limited to persons whose employment.... is... in agriculture... or in forestry or in an industry mainly dependent upon agriculture’, as defined by the Town and Country Planning Act 1947 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 said the following.[1]

See also

Notes

  1. [1961] AC 636, 678

References

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