Using this case as an example, if reinstatement cannot be achieved because planning permission is required and, having been applied for, refused, it would seem that the tenant cannot avoid responsibility to the landlord who will have a potential claim for damages against the tenant. That is particularly the case if, as will often be the case in current times, the lease or licence was entered into after the planning legislation came into effect, so that the possibility of planning problems could have been contemplated by the parties.
