R v Tunbridge Wells BC , ex parte Blue Boys Development Ltd and others
R v Tunbridge Wells BC , ex parte Blue Boys Development Ltd and others
- 1990
- Property and Compensation Reports (1990) 59 PCR 315-325(11) .
QBD 20 July 1989 Application for a determination under Town and Country Planning Act 1971 s53 that a change of use of a number of units from holiday to residential use would not constitute development . Planning permission had been granted to the applicants for twelve self-catering units on condition that they would be used for short lets and not for permanent occupation. Applicants also entered into a s52 agreement which stressed the limitations of use. When the Use Classes Order 1987 came into effect, one provision was that changes of use within a class did not constitute development. Applicants applied for determination under s53 of the Act. Applicants applied for a declaration that the land was not subject to the conditions attached to the consent and contended that the s53 determination was to grant permission for change of use and overrode the convenants in the s52 agreement. QBD held: the application was dismissed; change of use and non-compliance with conditions attached to a
CASE LAW
PLANNING APPEALS
PLANNING CONDITIONS
QBD 20 July 1989 Application for a determination under Town and Country Planning Act 1971 s53 that a change of use of a number of units from holiday to residential use would not constitute development . Planning permission had been granted to the applicants for twelve self-catering units on condition that they would be used for short lets and not for permanent occupation. Applicants also entered into a s52 agreement which stressed the limitations of use. When the Use Classes Order 1987 came into effect, one provision was that changes of use within a class did not constitute development. Applicants applied for determination under s53 of the Act. Applicants applied for a declaration that the land was not subject to the conditions attached to the consent and contended that the s53 determination was to grant permission for change of use and overrode the convenants in the s52 agreement. QBD held: the application was dismissed; change of use and non-compliance with conditions attached to a
CASE LAW
PLANNING APPEALS
PLANNING CONDITIONS