000 01615cab a2200241 4500
001 ABS48300
008 090401t1993 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u66033
041 _aeng
245 _aDunoon Developments v SoS for the Environment and Poole BC
260 _c1993
350 _a0
490 _aProperty and Compensation Reports
_v(1993) 65 PCR 101-107(4)
520 _aCA 18 February 1992. In 1956 D`s predecessors were given planning permission to erect a building subject to a condition that the premises use was `limited to the display, sale and storage of new and used cars`. In 1990 D opened an indoor market. The council served an enforcement notice alleging breach of contract. D claimed that the activity was permitted by Class A of the General Development Order 1988. The council however claimed that the condition attached to the 1956 planning permission excluding the GDO. D appealed to the High Court under Town and Country Planning Act 1990 s289. This was allowed and the enforcement notice was quashed. The council appealed. CA dismissed the appeal on the grounds that the condition attached to the planning permission did not impliedly exclude the operation of the GDO. The use of the word `limited` in the condition was intended to assist in construing the condition not to exclude the GDO.
650 _aCHANGE OF USE
650 _aGENERAL DEVELOPMENT ORDER
650 _aPLANNING PERMISSION
650 _aRESTRICTED USE
650 _aTOWN AND COUNTRY PLANNING ACT 1990 S289
690 _aPLANNING LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c41268
_d41268