Killian Garvey succeeds in appeal concerning condition precedents.
Killian Garvey, instructed by Emery Planning, succeeded in respect to a lawful development certificate appeal in the Peak District National Park Authority.
In June 2008, the Appellant secured planning permission in respect to his site for the conversion of a building. The Appellant proceeded with the development and he occupied it since March 2009. The issue was whether the house as constructed was in accordance with the permission.
The Appellant argued that the permission had never been implemented. If that was correct, it would mean that the development was immune from enforcement and significantly, it would not be subject to a condition that only allowed people from the local area to reside in the property.
The reason why the Appellant argued that the permission was not implemented was owing to conditions attached to the permission never having been discharged. The Inspector agreed with this and found that a contamination condition, which required contamination surveys to be conducted prior to the commencement of development, did need to be discharged prior to the development commencing.
The Inspector noted that the Council’s concessions during cross examination ultimately undermined their case on this:
Thus, the Inspector allowed the appeal.
Killian Garvey was instructed by Rawdon and Claire Gascoigne at Emery Planning.
VIEW THE DECISION HERE
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
Kings Chambers tops the table for set rankings Chambers & Partners 2022 UK Bar Guide.
Read more:… https://t.co/r5Xhed6pg6 Kings Chambers 3 days, 21 hours ago..
We are delighted to announce that Gavin McBride has been appointed as Deputy District Judge on the North Eastern Ci… https://t.co/sqylfWufVv Kings Chambers 1 week, 5 days ago..
Sam Harmel secures finding of neglect in an Inquest into the death of Baby T at Royal Oldham Hospital… https://t.co/WTdFJSVmzg Kings Chambers 1 week, 5 days ago..
This week, @LawInSport published a new article titled 'The Role Of The EFL’s Player Related Dispute Commission In D… https://t.co/oP4pHhU9EG Kings Chambers 2 weeks, 4 days ago..
Join Andrew Singer QC and Sarah Lawrenson (@Sblbar) as they discuss the Supreme Court decision and the interpretati… https://t.co/U1ArtEn88Q Kings Chambers 3 weeks, 6 days ago..
© Copyright 2021 Kings Chambers. All rights reserved.
Please click here to view our current guidelines