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Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Published on: 29 July 2021
Published by: LexisPSL
  • Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Planning analysis: This case concerns a 15-unit caravan site the use of which was limited by a planning condition to holiday uses. Residential use of the caravans was prohibited under the condition. Four of the caravans had been used in breach of the condition and immunity from enforcement had been established. The Court of Appeal had to decide whether or not that immunity extended to the whole site (which was covered by the condition) or the individual caravans where the breach occurred. It decided the latter. Practitioners will need to be aware that a breach of condition may not establish immunity across the whole of a site. Written by Mark Westmoreland Smith, barrister at Francis Taylor Building. or take a trial to read the full analysis.

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