Cases - Pilkington v Secretary of State for the Environment

Record details

Name

Pilkington v Secretary of State for the Environment

Date

[1974]

Citation

1 AII ER 283

Keywords

Planning control

Summary

The appellant acquired a strip of land of sufficient size for 3 houses with gardens. In 1954 he obtained planning permission for a bungalow in the middle of the strip with the whole of the site as its curtilage. A condition stated that the bungalow 'shall be the only dwelling to be erected' upon the strip of land. The bungalow was built. Subsequently the appellant discovered the existence of a permission granted in 1953. This permitted a bungalow to be built at the northern end of the strip and for the remainder of the land to be used as a smallholding.

The court held that what was authorised by the 1953 permission could not be implemented. It was no longer possible to build a bungalow ancillary to the smallholding which was to occupy the rest of the site. The existing bungalow had 'destroyed' the smallholding.