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Aston v Secretary of State for the Environment; 9 Apr 1973

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)
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