Dunnett Investments Ltd v Secretary of State for Communities and Local Government & Anor [2016] EWHC 534 (Admin) (11 March 2016)

Dunnett Investments Ltd v Secretary of State for Communities and Local Government & Anor [2016] EWHC 534 (Admin) (11 March 2016)

The planning condition in question, by its clear and emphatic wording, excluded the operation of the GPDO and required express planning consent from the local planning authority for any use other than Class B1. Permission granted by the GPDO or through the prior approval process did not satisfy the requirement for 'express planning consent' as intended by the condition.

Citation
[2016] EWHC 534 (Admin)
Parties
Claimant: Dunnett Investments Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: East Dorset District Council
Jurisdiction
England and Wales
Judgment Date
11 March 2016
Procedural Posture
Judicial Review (planning) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Interpretation of Planning Conditions, Exclusion of Permitted Development Rights, Certificates of Lawful Use, General Permitted Development Order (gpdo), Section 288 Challenge, Prior Approval Procedures
Planning Law Administrative Law Interpretation of Planning Conditions Exclusion of Permitted Development Rights Certificates of Lawful Use General Permitted Development Order (gpdo) Section 288 Challenge Prior Approval Procedures

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Parties

Dunnett Investments Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

East Dorset District Council

Second Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment

Legal Issues

  1. 1 Whether a planning condition excluded permitted development rights under the GPDO
  2. 2 Whether 'express planning consent' included permission granted by the GPDO or required a specific application to the local planning authority
  3. 3 Whether the prior approval procedure under the GPDO constituted 'express planning consent'

Ratio Decidendi

The planning condition in question, by its clear and emphatic wording, excluded the operation of the GPDO and required express planning consent from the local planning authority for any use other than Class B1. Permission granted by the GPDO or through the prior approval process did not satisfy the requirement for 'express planning consent' as intended by the condition.

Court Disposition

Claim dismissed