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
Register now for our upcoming Court of Protection Conference! The team is delighted to host this in-person confere… https://t.co/DbvLo1k1UX Kings Chambers 16 hours, 38 minutes ago..
Are you an established employment barrister looking to make your next move? Get in touch to join our expanding Empl… https://t.co/HFuDW7G8bE Kings Chambers 1 week, 6 days ago..
Join us in our first Kings Young Professionals webinar series - Bankruptcy back to basics Register here:… https://t.co/58eZkCFV58 Kings Chambers 2 weeks, 5 days ago..
We're delighted to be attending the upcoming @FootprintPlus Conference in Brighton on the 7-9th June! Get your ti… https://t.co/dEu7pUq7gf Kings Chambers 4 weeks ago..
We are pleased to announce that we have raised £4,000 for the @WoodSt_Mission #BooksForever Appeal. We have used th… https://t.co/8Q4kQnmyMg Kings Chambers 1 month ago..
© Copyright 2022 Kings Chambers. All rights reserved.