A previous blogpost highlighted that the description of the development in the planning permission does not prevent a change of use, unless there is a specific condition imposed.
A recent English court decision upheld the use of a condition to exclude permitted development rights.
The condition stated that a property could be used for “no other purpose whatsoever, without express planning consent from the Local Planning Authority first being obtained”.
The judge held that the condition was sufficiently clear to prevent the operation of the General Permitted Development Order (“the Order”), which would otherwise have permitted a change from. Class B1 (Business) to Class C3 dwellings.
For Planning Authorities, this case demonstrates the very precise and unequivocal wording required to exclude the operation of permitted development rights where for sound planning reasons the authority seeks to exercise proper control over the development (the Scottish Government guidance states that such conditions should only be imposed in exceptional circumstances).
For developers, it’s a useful reminder of the importance of checking conditions with a high level of scrutiny and better still reviewing and negotiating the terms of the proposed conditions prior to the grant of consent.
On April 21, 2016