Cases - Prossor v Minister of Housing and Local Government

Record details

Name
Prossor v Minister of Housing and Local Government
Date
(1968)
Citation
67 LGR 109
Keywords
Planning control
Summary

Planning permission was granted for the rebuilding of a petrol service station on condition that no retail sales other than the sale of motor accessories should be carried out. After the permission was implemented, the appellant claimed that the sale of cars was an existing use right and the condition could not remove it.

Lord Parker CJ said that by adopting the permission the appellant's predecessor had given up any existing use rights he may have had. The planning history of the site began afresh with the grant of a planning permission which was taken up and used. So the appellant was in breach of the planning condition.