Cases - Dunoon Developments v Secretary of State for the Environment

Record details

Name

Dunoon Developments v Secretary of State for the Environment

Date

[1992]

Citation

2 PLR 128

Legislation

The Town and Country Planning General Development Order 1988

Keywords

Planning control - General Permitted Development Order 1988

Summary

A condition provided that 'the use of the premises shall be limited to the display, sale and storage of new and used cars'. Subsequently the premises were used as an indoor market. An enforcement notice was served and the developer claimed the use was permitted by the GDO 1988 - a change from sale of motor vehicles to class A1 (shops).

It was held that the condition was not specific enough to exclude the operation of the GDPO. Clear words such as 'and no other purpose' as in City of London Corporation v Secretary of State for the Environment are required.

(Note that the change from car showroom to A1 is no longer permitted development.)