Court dismisses claim against planning appeal decision where development breached condition and enforcement was pending (Greenwood v MHCLG)

Article summary

Planning analysis: The developer (Mr Seal (S)) obtained permission for a new dwelling, which replaced existing floorspace in outbuildings. The permission contained a condition requiring the demolition of outbuildings. The dwelling was completed, but outbuildings remained in breach of condition. S obtained a non-material amendment (NMA) to improve a vehicle manoeuvring space. The neighbours objected as sufficient space was available once outbuildings were demolished. S wrote to the council and neighbours promising demolition and compliance with the condition. An application was later made to refurbish outbuildings. The permission was refused but granted on appeal. Statutory challenge by neighbours. The court held that the decision-maker should assess the impacts of the proposal (breach of condition) versus the impact of original permission (compliance with the condition). S’s conduct is not a basis to refuse permission. The enforcement is a matter for the council. The case iterates that developer’s behaviour is irrelevant to the decision-maker’s determination. The...