Cases - Handoll and Suddick v Warner Goodman Streat
Record details
- Name
- Handoll v Warner Goodman Streat
- Date
- [1995]; [1995]
- Citation
- 1 EGLR 173; 25 EG 157
- Legislation
- Keywords
- Planning control
- Summary
-
Planning permission was granted for the erection of a building, subject to an agricultural occupancy condition. The building was erected some 90 feet west of the approved location. The issue for the Court of Appeal was whether the agricultural occupancy condition applied to the building.
It was held that as the development was unauthorised, it was not subject to any conditions (and would be immune from enforcement after 4 years).
The Court overruled the Divisional Court in Kerrier DC v Secretary of State for the Environment where a bungalow erected with an unauthorised basement was held to be subject to the agricultural occupancy condition attached to the permission.