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
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