The owner of a garage sought planning permission to replace a repair shop on part of his site with a new building. There had been an established use as a petrol filling station and motor repair shop. The permission was granted subject to a restriction preventing retail sales from the new building. He later claimed existing use rights for the sale of used cars from the plot.
Held: Where a land-owner applies for planning permission and implements it even in part, that is sufficient to require him to abide by any conditions in that permission.
An established use may be lost if a planning permission inconsistent with that use is obtained and implemented.
Lord Parker CJ said: ‘Assuming . . that there was at all material time prior to April 1964 an existing use right running on this land for the display and sale of motor cars, yet by adopting the permission granted in April 1964, the appellant’s predecessor, as it seems to me, gave up any possible existing use rights in that regard which he may have had. The planning history of this site, as it were, seems to me to begin afresh on 4 April 1964, with the grant of this permission, a permission which was taken up and used.’
Judges:
Lord Parker CJ
Citations:
(1968) 67 LGR 109
Cited by:
Explained – Newbury District Council v Secretary of State for the Environment HL 1981
The grant of a temporary planning permission did not operate to cancel an existing established use. A planning condition requiring removal of hangars was invalid because it did not fairly or reasonably relate to the permitted development. The grant . .
Cited – Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council SC 6-Apr-2011
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 29 April 2022; Ref: scu.185797
