References: Unreported, 09 April 1973
Coram: Lord Widgery CJ
The court considered the planning effect of a new building on about a half of a site. Lord Widgery CJ: ‘. . The principle which one derives from the authorities and applies to the present case is that, where you have a new building erected, that part of the land which was absorbed in the new building and covered by the new building is merged in it; you start with a new planning unit which has no permitted planning use except those derived from the planning permission, if any, and from section 33(2) of the Town and Country Planning Act 1971, which allows such a building in many instances to be used for the purpose for which it was designed.’
Statutes: Town and Country Planning Act 1971 33(2)
This case is cited by:
- Approved – Newbury District Council -v- Secretary of State for the Environment HL ([1981] AC 578, [1980] 1 All ER 731, [1980] 2 WLR 379)
Issues arose as to a new planning permission for two existing hangars. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and . . - Cited – Jennings Motors Ltd -v- Secretary of State for the Environment and another CA ([1982] 1 All ER 471, [1982] QB 541, [1982] 2 WLR 131, (1981) 43 P & CR 316)
The land owners had demolished a building and erected a new building on a small part of the entire site, but without obtaining planning permission. The local authority argued that this was a change of use and a breach of planning control.
