A planning permission was granted to build a bungalow on part of the land, site ‘B’, subject to a condition it should be the only house to be built on the land. He built the bungalow. Later the owner discovered the existence of an earlier permission to build a bungalow and garage on another part of the same land, site ‘A’. That permission contemplated the use of the rest of the land as a smallholding. He began to build the second bungalow, when he was served with an enforcement notice alleging a breach of planning control.
Held: The two permissions could not stand in respect of the same land, once the development sanctioned by the second permission had been carried out. The effect of building on site ‘B’ was to make the development authorised in the earlier permission incapable of implementation. The bungalow built on site ‘B’ had destroyed the smallholding: and the erection of two bungalows on the site had never been sanctioned.
Lord Widgery said: ‘For this purpose I think one looks to see what is the development authorised in the permission which has to be implemented. One looks first to see that full scope of that which has been done or can be done pursuant to the permission which has been implemented. One then looks at the development which was permitted in the second permission, now sought to be implemented, and one asks oneself whether it is possible to carry out the development proposed in that second permission, having regard to that which was done or authorised to be done under the permission which has been implemented.’
Judges:
Lord Widgery
Citations:
[1973] 1 WLR 1527, (1973) 25 P and CR 508
Cited by:
Approved – Hoveringham Gravels v Chiltern District Council CA 1977
. .
Cited – Robert Hitchins Ltd, Regina (on The Application of) v Worcesteshire County Council and Others Admn 18-Nov-2014
A planning permission was granted with an agreement under section 106. A second permission was later granted. The court was now asked whether the section 106 agreement applied also to the second permission.
Held: As a matter of law, the . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 18 May 2022; Ref: scu.538890