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Bannister v SoS Environment and another

Language: English Series: Estates Gazette ; (1994) EG 164-167(3)Publication details: 1994Subject(s): Summary: QBD 15 July 1994. The second respondent, X, appealed against an enforcement notice requiring him to cease using a dwelling house contrary to an occupation condition imposed with the grant of planning permission in 1981. On appeal the inspector concluded that the occupancy condition had not been appropriately imposed in the first place. B contended that the inspector was not entitled to consider the history and surrounding circumstances of the original planning permission, that he had failed to consider the current situation and had not given clear and adequate reasons. S contended that B, who owned adjoining land, was not a person aggrieved and entitled to make the application. Held, application allowed and decision quashed.
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Law report London Journal article ABS51822 (Browse shelf(Opens below)) 1 Available 45366-1001

QBD 15 July 1994. The second respondent, X, appealed against an enforcement notice requiring him to cease using a dwelling house contrary to an occupation condition imposed with the grant of planning permission in 1981. On appeal the inspector concluded that the occupancy condition had not been appropriately imposed in the first place. B contended that the inspector was not entitled to consider the history and surrounding circumstances of the original planning permission, that he had failed to consider the current situation and had not given clear and adequate reasons. S contended that B, who owned adjoining land, was not a person aggrieved and entitled to make the application. Held, application allowed and decision quashed.