Cases - I'm Your Man Ltd v Secretary of State for the Environment, Transport and the Regions

Record details

Name
I'm Your Man Ltd v Secretary of State for the Environment, Transport and the Regions
Date
[1998]
Citation
4 PLR 107
Legislation
Keywords
Planning control - Town and Country Planning Act 1990
Summary

On appeal, an inspector granted permission for the use of buildings for 'sales, exhibitions and leisure activities for a temporary period of seven years'. No condition was imposed requiring cessation of that use at the end of 7 years.

In later proceedings, the appellant claimed that the permission was in effect permanent, as no condition had been attached. The Secretary of State claimed that the effect of the permission was to impose a 'limitation', and that breach of a limitation was subject to enforcement under section 171A of the 1990 Act.

The judge held that the 1990 Act does not provide for the imposition of limitations on the grant of permission pursuant to an application. The reference to limitations in the enforcement provision of the 1990 Act is a reference to limitations imposed under a development order. The failure to impose a condition became immune from challenge after 6 weeks (by virtue of section 284), so the permission became permanent in effect.