A permission was granted for the change of use of a building to use for making potato crisps subject to a condition confining its use to that of ‘the manufacture of potato crisps or any use within class III of [the Use Classes Order]’, in order ‘to ensure that the building shall not be used for general industrial purposes’ which would be detrimental to the amenity of the locality. The relevant Use Classes Order distinguished between use as a light industrial building (class III) and as a general industrial building (class IV); the former being defined by reference to whether the processes could be carried on in any residential area without detriment to its amenity by reason of noise, smell, fumes or smoke.
Held: despite the unqualified reference in the condition to use for manufacture of potato crisps, the word ‘other’ should be read into the second part of the condition (‘or any other use . .’), with the effect that class III constraints should be read as applying to both parts of the condition.
Bucknill LJ said that the court should ‘have regard to the common sense of the transaction, and to the real intention and meaning of the parties rather than criticise minutely the precise words used’
Denning LJ added: ‘It is a case where strict adherence to the letter would involve an error of substance’
Judges:
Bucknill LJ, Denning LJ
Citations:
(1950) 1 P and CR 48
Statutes:
Town and Country Planning Act 1947
Jurisdiction:
England and Wales
Cited by:
Cited – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland) SC 16-Dec-2015
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course.
Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 11 May 2022; Ref: scu.598717