I'm Your Man Ltd v Secretary of State for the Environment

JurisdictionEngland & Wales
CourtQueen's Bench Division
Judgment Date25 Sep 1998

Queen's Bench Division

I'm Your Man Ltd
and
Secretary of State for the Environment

Planning - application for temporary permission - omission of condition requiring cessation of use - permission permanent

Omission makes temporary permission permanent

When application was made for planning permission for a temporary period of seven years and permission was granted without a condition being imposed requiring cessation of the use at the end of the seven years, the planning permission granted was in effect permanent.

Mr Robin Purchas, QC, sitting as a deputy High Court Judge, so held on September 4 in allowing an application by I'm Your Man Ltd to quash the refusal of an inspector appointed by the Secretary of State for the Environment to grant the applicant permanent planning permission following the grant of earlier planning permission without condition.

HIS LORDSHIP said that the Town and Country Planning Act 1990 provided under section 72(1) for conditions to be imposed on the grant of planning permission and section 72(1)(b) for a condition requiring the discontinuance of use at the end of a specified period.

In the instant case the original application had been for a temporary period, thus effectively volunteering a condition. The imposition of a temporary condition had plainly been open to the...

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