David Keene QC said: ‘I note that whereas s171B(1) is confined to cases where the breach consists of the carrying out of operations without planning permission, that is to say one form of development, s. 171B(2) seems to apply to any breach of planning control consisting in the change of use of a building to a single dwelling house. Unlike subsection (1), subsection (2) does not seem to be limited to cases where the breach arises because there is no planning permission. On the face of it, therefore, subsection (2) would seem to be wide enough to embrace breaches of planning control arising by way of breach of condition as well as wholly unpermitted changes to a single dwelling house. That would also be consistent with a legislative intention to protect occupiers of such dwellings after four years of breach, whatever the nature of the breach.’
Judges:
David Keene QC
Citations:
[1995] JPL 730
Statutes:
Town and Country Planning Acr 1990 171B(1)
Jurisdiction:
England and Wales
Cited by:
Cited – First Secretary of State v Arun District Council and Another CA 10-Aug-2006
The land-owner had received planning permission to construct an extension to her home subject to a condition that it could be occupied only by a dependant relative. In 1996, she let it to students in breach of the condition. In 1996, te council took . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 01 February 2022; Ref: scu.245084
