The court was asked whether, when a building was found to have been erected without permission, the Local authority was able to agree a partial demolition, leaving what would have been permitted under the General Development order.
Held: It could. Lord Denning MR said: ‘After all, the local planning authority cannot pick and choose between the various parts of the extension. It cannot say which is to be pulled down and which to stand. It can only order the removal of the whole.
It is only right to add that, nevertheless, the city council have said that they are prepared to allow Mr Garland to keep so much of the extension as comes within the amount permitted by the General Development Order. That is very proper. We have been shown a plan which indicates that Mr Garland will be allowed to keep quite a lot of what he has done. It means, however, that he will have to take down a good deal of the top storey and part of the second. But I will not go into those details. I would only echo the words of Lord Parker CJ in the Divisional Court: I hope that an amicable arrangement can be reached.’
Judges:
Lord Denning MR
Citations:
1968] 20 P and C R 93
Planning
Updated: 04 May 2022; Ref: scu.450768