Handoll and others v Warner Goodman and Streat
Language: English Series: Estates Gazette ; (1993) 12 EG 131-133Publication details: 1993Subject(s): Summary: ChD 21 October 1992. The plaintiffs, H, owned 5.183 acres of land plus a bungalow and out buildings acquired in December 1984 from the vendors, C. The question arose as to whether the land was subject to any restriction imposed by the council whereby the occupation of the land was limited to persons engaged in agriculture. The property in question was built by C in 1978. Planning permission was granted in 1977 with a restriction allowing only agricultural occupation however the bungalow was placed in a slightly different location than on the original plans. H contended that the restriction applied to the original permission not to the way the bungalow was erected. He admitted that the property was in breach of planning control but the limitation period had passed so the bungalow could remain. The council maintained that the restriction under the planning permission did still apply as all other factors except location still existed. It was held that the planning permission should not| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS48302 (Browse shelf(Opens below)) | 1 | Available | 66053-1001 |
ChD 21 October 1992. The plaintiffs, H, owned 5.183 acres of land plus a bungalow and out buildings acquired in December 1984 from the vendors, C. The question arose as to whether the land was subject to any restriction imposed by the council whereby the occupation of the land was limited to persons engaged in agriculture. The property in question was built by C in 1978. Planning permission was granted in 1977 with a restriction allowing only agricultural occupation however the bungalow was placed in a slightly different location than on the original plans. H contended that the restriction applied to the original permission not to the way the bungalow was erected. He admitted that the property was in breach of planning control but the limitation period had passed so the bungalow could remain. The council maintained that the restriction under the planning permission did still apply as all other factors except location still existed. It was held that the planning permission should not