Dunnett Investments Ltd v Secretary of State for Communities and Local Government & Anor

Dunnett Investments Ltd v Secretary of State for Communities and Local Government & Anor

The planning condition is clear, precise, and unequivocal in excluding permitted development rights under the GPDO. 'Express planning consent' refers only to a grant of planning permission by the local planning authority upon application, not consent granted by the GPDO or prior approval procedures. The wording and reason for the condition confirm the exclusion of GPDO rights.

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 / Final Judgment
Outcome
Claim dismissed
Legal Topics
Interpretation of Planning Conditions, Exclusion of Permitted Development Rights, Certificates of Lawful Use, Prior Approval Procedures
Planning Law Administrative Law Interpretation of Planning Conditions Exclusion of Permitted Development Rights Certificates of Lawful Use 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 / Final Judgment

Legal Issues

  1. 1 Whether the planning condition excludes permitted development rights under the GPDO
  2. 2 Whether 'express planning consent' includes consent granted by GPDO or prior approval procedures
  3. 3 Proper interpretation of planning conditions in context

Ratio Decidendi

The planning condition is clear, precise, and unequivocal in excluding permitted development rights under the GPDO. 'Express planning consent' refers only to a grant of planning permission by the local planning authority upon application, not consent granted by the GPDO or prior approval procedures. The wording and reason for the condition confirm the exclusion of GPDO rights.

Court Disposition

Claim dismissed