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12 March 2010
Issue: 7408 / Categories: Case law , Law digest
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Town and country planning

Sumner v Secretary of State for Communities and Local Government [2010] EWHC 372 (Admin), 2010] All ER (D) 44 (Mar)

It was neither express nor to be implied in relation to s 191 of the Town and Country Planning Act 1990 that uses and operations, if regarded as lawful for all purposes, were to be equivalent to a planning permission. The word “also” in s 191(7) of the Act could be a reference to its additional effect, namely an effect outside the confines of the Act itself. That would be to give a natural construction to s 191, particularly in the light of s 336, which in defining planning permission did not include s 191.

Section 171B of the 1990 Act drew a distinction between change of use and operational development - that was entirely consistent with the approach of the Act. If an individual chose to erect a building without planning permission intended to be used for a purpose which had no planning permission then inevitably he would run the risk that he would have

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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