Cases - Garland v Minister of Housing and Local Government
Record details
- Name
- Garland v Minister of Housing and Local Government
- Date
- (1968)
- Citation
- 20 P&CR 93
- Legislation
- Keywords
- Planning control - Town and Country Planning (Use Classes) Order 1963
- Summary
-
The appellant constructed a building well in excess of the 10% increase in cubic content allowed under the GDO 1963. The local planning authority served an enforcement notice alleging development without planning permission and requiring the whole construction to be demolished. The appellant claimed that the tolerance was a 'limitation' and that the enforcement notice should have alleged a breach of limitation, not development without permission, and required him to reduce the size of the building to the 10% tolerance.
The Court of Appeal held that the tolerances were part of the definition of permitted development, not limitations, so the whole building was unlawful and could be required to be totally removed.