- Scope of Planning Permission in light of ‘I’m Your Man’—residential use and use as holiday home—section 192 Certificates of Lawful Proposed Use or Development—implementation of section 73 Planning Permission (Norfolk Caravan Park Ltd v SSHLG)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Planning analysis: At first blush this case appears to rest on a more simple debate as to whether or not a section 73 of the Town and Country Planning Act 1990 (TCPA 1990) permission amending the occupancy conditions on permission for ‘Use of Land for Holiday Caravan Park’ had been implemented or not and whether it was still arguable that the land could be lawfully used ‘for the siting of caravans for the purposes of human habitation including as a person’s sole or main place of residence’ (residential use) however the judgment in fact goes much further in respect of important issues of interpretation of planning permissions and their scope. In particular Mrs Justice Lang looked at the issues raised by the courts in Lambeth LBC v Secretary of State for Housing, Communities and Local Government (Lambeth) and how they fit with the principle in I’m Your Man Ltd v Secretary of State for the Environment (I’m Your Man) and cases where the court has interpreted the grant of permission as being subject to a ‘functional limitation’ by the description of the use such as Wall & others v Winchester CC. The guidance provided by the Supreme Court in respect of interpretation of planning permissions in Trump International Golf Club Scotland Ltd v Scottish Ministers (Trump) is also considered. Written by Celina Colquhoun, barrister at 39 Essex Chambers.
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