Sevenoaks DC v SoS Environment and Geer
Sevenoaks DC v SoS Environment and Geer
- 1995
- Property and Compensation Reports (1995) 65 PCR 87-98(12) .
QBD 26 May 1994. In 1977 the second respondents (G) purchased land and buildings on a farm. Planning permission granted in 1979 allowed them to convert some buildings to a dwelling house for the manager of their stables or a person employed locally in agriculture or forestry. In 1984 G applied to have the permission changed to limit the occupation to himself or his widow. G then applied for further new permissions without the 1984 condition. On refusal G appealed. The Inspector concluded that the 1984 condition was not appropriately imposed and should be removed and in the light of that he did not consider the need for an agricultural occupancy condition. The council challenged this decision on the grounds that the Inspector erred in law in respect of Town and Country Planning Act 1990 s73a in taking into account the viability of the 1984 condition; he also failed to take into account whether there was a need for the condition in the circumstances at the date of his decision. Held, t
AGRICULTURAL OCCUPANCY
OCCUPANCY CONDITIONS
PLANNING CONDITIONS
PLANNING PERMISSION
TOWN AND COUNTRY PLANNING ACT 1990 S73(A)
QBD 26 May 1994. In 1977 the second respondents (G) purchased land and buildings on a farm. Planning permission granted in 1979 allowed them to convert some buildings to a dwelling house for the manager of their stables or a person employed locally in agriculture or forestry. In 1984 G applied to have the permission changed to limit the occupation to himself or his widow. G then applied for further new permissions without the 1984 condition. On refusal G appealed. The Inspector concluded that the 1984 condition was not appropriately imposed and should be removed and in the light of that he did not consider the need for an agricultural occupancy condition. The council challenged this decision on the grounds that the Inspector erred in law in respect of Town and Country Planning Act 1990 s73a in taking into account the viability of the 1984 condition; he also failed to take into account whether there was a need for the condition in the circumstances at the date of his decision. Held, t
AGRICULTURAL OCCUPANCY
OCCUPANCY CONDITIONS
PLANNING CONDITIONS
PLANNING PERMISSION
TOWN AND COUNTRY PLANNING ACT 1990 S73(A)