Wragge Lawrence Graham & Co

UK 200 2014 position: 28

Limitations on planning permissions

Since the I’m Your Man case in 1998 (I’m Your Man Ltd v Secretary of State for the Environment), it has been settled law that if a limitation is to be attached to a planning permission, it must be by way of an express condition. A limitation cannot be inferred from the description of the development.

In Cotswold Grange Country Park LLP v Secretary of State for CLG [2014], the principle was again applied. A permission granted in 2010 authorised the use of land for 54 caravans for year-round holiday accommodation. One condition prohibited the use of each of the 54 caravans as the occupier’s sole or main residence…

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