header-logo header-logo

14 April 2017
Issue: 7742 / Categories: Case law , Law digest , In Court
printer mail-detail

Town & country planning

Dunnett Investments Ltd v Secretary of State for Communities and Local Government [2017] EWCA Civ 192, [2017] All ER (D) 27 (Apr)

The Court of Appeal dismissed the claimant’s appeal, which arose from the second defendant local planning authority’s purported refusal of its application for change of use of a site from Class B1(a), namely offices, to Class C3, namely dwelling houses, and for a lawful development certificate for a Class C3, on the basis that a condition imposed in February 2005 excluded rights under the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) (the 1995 order) and that the condition restricted the use of the site to B1 only. The court agreed with the lower court and held that, on its proper construction, the planning condition in question excluded the operation of the 1995 order. It held that, the natural and ordinary meaning of the words used was that the condition allowed planning permission for other uses, but restricted to that obtained upon application from the local planning authority, and excluded planning

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll