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Hotel development substantially complied with planning conditions imposed
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High Court, in a statutory application to injunct the further development of hotel building works following the successful grant of planning permission brought by the leasehold owner of business premises against a business adjacent to its premises, refuses to grant relief sought in circumstances where the court is satisfied, following a detailed analysis of the extent of the respondent's compliance with the planning permission conditions imposed, that the alleged breaches of such conditions are not such as would satisfy the court in granting the relief sought.
Planning and development - lessee's application for an injunction preventing unauthorised development - property adjacent commenced demolition and building works following grant of planning permission on appeal - separate complaint of nuisance now settled - whether a breach of planning permission granted - whether breach such that applicant is entitled to relief sought - legislative provision - relevant authorities - High Court's jurisdiction on application - wording of conditions - factors to be considered in exercise of court's discretion - order sought directing respondent not to recommence or carry out further development pursuant to planning permission granted - nature of conditions imposed by planning authority - extent of compliance - application refused.
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