Source: All England Reporter
Publisher Citation: [2002] All ER (D) 77 (Oct)
Court: Administrative Court
Judge:

Sullivan J

Representation Timothy Corner QC (instructed by Hewitson Becke Shaw) for the claimant.
  Paul Brown (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 7 October 2002

Catchwords

Town and country planning - Enforcement notice - Validity - Claimant purchasing land with benefit of planning permission - Previous owner not complying with conditions imposed by permission - Claimant applying to retain use granted by earlier condition, without specific condition - Planning authority granting new permission without conditions - Claimant challenging validity of enforcement proceedings - Secretary of State determining conditions from earlier permission still extant - Whether inspector entitled to have regard to earlier permission.

The Case

The Secretary of State's planning inspector had been entitled to conclude that in circumstances where a claimant had applied for the retention of a use granted by an earlier planning permission, the conditions which had applied to that permission remained, despite the fact that the freshly granted permission purported to contain no conditions.

Practice Areas

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