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The true interpretation of a planning permission was that it granted consent for the creation of four new planning units (SSHCLG v Manchester CC)

Published on: 13 January 2022
Published by: LexisPSL
  • The true interpretation of a planning permission was that it granted consent for the creation of four new planning units (SSHCLG v Manchester CC)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Planning analysis: The Court of Appeal considered the correct approach to construing a planning permission (here, one which granted permission for the conversion of a dwelling to commercial ‘units’) in the context of whether the inspector who granted that planning permission on appeal against an enforcement notice had been correct not to impose conditions about further changes of use on the basis that they would be unnecessary. The Court of Appeal upheld the judge’s finding that the only lawful interpretation of the permission was that it granted permission for four separate new planning units, rather than one planning unit in a mixed use; and on that basis, having found differently, the inspector’s decision was unlawful and was quashed. This judgment is useful for practitioners as a reminder of the proper approach to the interpretation of planning permissions, as well as a helpful survey of the law relating to planning units, and changes of use. Written by Josef Cannon, barrister at Cornerstone Barristers, London. or take a trial to read the full analysis.

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