Michael Rudd, instructed by Ross Chambers, solicitor at Stratford-on-Avon District Council and assisted by Clare Eynon, Planning Manager and Tamasine Swan, Senior Planner has secured the dismissal on appeal of an attempt by an appellant to resurrect a 1995 planning permission by way of an appeal against a refusal to discharge a materials condition.
The appellant had secured planning permission in 1995 for a golf clubhouse and leisure facilities serving an existing hotel and golf course. The attempt in 2017 to discharge a materials condition on the permission was rejected on the basis that the permission had expired.
On appeal the appellant attempted to claim lawful commencement by way of demolition works and/or associated highways works, or alternatively lawful commencement by way of operations pursuant to the permission. The appeal raised matters relating to hybrid permissions (Lawson Builders Ltd), lawful commencement, pre-commencement conditions, overlapping permissions (Robert Hitchens Ltd) and whether operations pursuant to one can be sufficient to commence another, inconsistent permissions (Pilkington) and the loss of existing use rights, and the often difficult issue of whether demolition can amount to a material operation (Field v FSS), made more difficult in this matter as at the time of the claimed demolition such was not expressly included in the Town and Country Planning Act 1990.
In dismissing the appeal the Inspector found in favour of the council in all regards, except the Pilkington point which she did not need to determine.
The appeal decision can be found 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 #courtofprotection webinar with Arevik Jackson!
She will provide a comprehensive ov… https://t.co/OvnZBK1GF6 Kings Chambers 4 days, 13 hours ago..
Team @Kings_Chambers were thankful for a bit of sunshine on the Legal Walk yesterday evening!
A big thank you to… https://t.co/IREGKfhzAZ Kings Chambers 5 days, 15 hours ago..
Team @Kings_Chambers are limbering up for the @ATJFYorkshire Leeds Legal Walk!
The Leeds #LegalWalk gathers the lo… https://t.co/XI0xTe3xzH Kings Chambers 6 days, 7 hours ago..
Congratulations to @stephenrloxton, Gary Smith and the team for completing the C2C challenge! Despite a few hurdles… https://t.co/52VkvDmTw1 Kings Chambers 6 days, 10 hours ago..
Kings Chambers is delighted with the results of The Planning Law Survey 2022, published on 24th June, with 14 membe… https://t.co/awBOtqm3xr Kings Chambers 1 week, 2 days ago..
© Copyright 2022 Kings Chambers. All rights reserved.