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Disapplication of permitted development rights for change of use where building did not conform to approved plans (RSBS Developments v Secretary of State for Housing, Communities and Local Government)

Published on: 19 November 2020
Published by: LexisPSL
  • Disapplication of permitted development rights for change of use where building did not conform to approved plans (RSBS Developments v Secretary of State for Housing, Communities and Local Government)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Planning analysis: In this case, the issue for the court was whether unauthorised extensions to an office building prevented the lawful implementation of a grant of prior approval to use the building for residential use. The court held that Article 3(5)(a) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO) suspended the permitted development right to change the use of the building to residential use. It followed that change of use was not authorised and the inspector was right to uphold an enforcement notice requiring the cessation of the use. Written by Ashley Bowes, barrister at Cornerstone Barristers. or take a trial to read the full analysis.

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