Handoll & Ors v Messrs Warner Goodman And Streat (a firm) & Ors [1994] EWCA Civ 42 (09 December 1994)

Handoll & Ors v Messrs Warner Goodman And Streat (a firm) & Ors [1994] EWCA Civ 42 (09 December 1994)

A condition attached to a planning permission does not apply to a building constructed outside the land or scope of that permission; the permission and its conditions only enure for the benefit of the land identified in the application and approved by the authority.

Citation
[1994] EWCA Civ 42
Parties
Plaintiff/appellant: Colin Handoll; Plaintiff/appellant: Margaret Charlotte Ginette Handoll; Plaintiff/appellant: Muriel Hazel Suddick; Defendant/respondent: Messrs Warner Goodman and Streat; Defendant/respondent: Samuel John Cook; Defendant/respondent: June Cook; Defendant/respondent: East Lindsey District Council
Jurisdiction
England and Wales
Judgment Date
09 December 1994
Procedural Posture
Civil Appeal / Appeal From Chancery Division to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Planning Permission Conditions, Agricultural Occupancy Restriction, Enforcement of Planning Conditions, Land Identification in Planning Applications
Planning Law Property Law Planning Permission Conditions Agricultural Occupancy Restriction Enforcement of Planning Conditions Land Identification in Planning Applications

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Parties

Colin Handoll

Plaintiff/appellant

Margaret Charlotte Ginette Handoll

Plaintiff/appellant

Muriel Hazel Suddick

Plaintiff/appellant

Messrs Warner Goodman and Streat

Defendant/respondent

Samuel John Cook

Defendant/respondent

June Cook

Defendant/respondent

East Lindsey District Council

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether a condition restricting occupancy imposed on a planning permission applies to a building not authorised by that permission

Ratio Decidendi

A condition attached to a planning permission does not apply to a building constructed outside the land or scope of that permission; the permission and its conditions only enure for the benefit of the land identified in the application and approved by the authority.

Court Disposition

Appeal allowed

Orders

  • Preliminary issue answered in the negative: the agricultural occupancy restriction does not apply to The Paddocks.
  • Applicant's costs awarded; Legal Aid Taxation.