Planning condition prevents change of use under the GPDO

Planning condition prevents change of use under the GPDO

On 27 March 2017, the Court of Appeal decision in Dunnett Investments Ltd v SSCLG confirmed a planning condition that stated an office building could be used for “no other purpose whatsoever, without express planning consent from the Local Planning Authority first being obtained” removed GPDO change of use permitted development rights.

Although the condition did not refer specifically to the GPDO, the Court reasoned that it could only be given sensible meaning if it removed GPDO rights.  The Court also said that the reason for the condition made it clear that control was retained by the Local Planning Authority over any development that may be contemplated on the site.

Please contact us if you are concerned about a “preclusive” change of use planning condition on a development that you have in mind under GPDO permitted development rights.

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