tag:blogger.com,1999:blog-8170718846507476773.post889363441041796542..comments2022-12-13T14:45:12.233+00:00Comments on Martin Goodall's Planning Law Blog: Another successful book launchMartin H Goodallhttp://www.blogger.com/profile/07079479984296674469noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-8170718846507476773.post-60411855958720366512017-11-28T10:20:29.519+00:002017-11-28T10:20:29.519+00:00I don’t disagree with Michael Hyde; I was simply a...I don’t disagree with Michael Hyde; I was simply accepting that an alternative view might conceivably be arguable. But if the LPA is not prepared to accept his view, then this point can only be resolved through the appeal process (or if necessary through the Courts).Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-4858685082313763472017-11-28T09:10:55.725+00:002017-11-28T09:10:55.725+00:00Martin. Fully accepting you caveat, the provision...Martin. Fully accepting you caveat, the provisions regarding conditions, and breaches of conditions, is (I believe) the same. You cannot therfore, in my view, be in breach of planning control if you do not comply with the reason for a condition. As you say, the condition has to be read in conjucntion with the reason, but only so far as the reason justifies the imposition of the condition. Regards.Michael Hydehttps://www.blogger.com/profile/16600838449826127776noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-64770678269863100192017-11-27T11:46:18.312+00:002017-11-27T11:46:18.312+00:00I stress that (as stated right at the beginning of...I stress that (as stated right at the beginning of the book), this book applies to the law in <i> ENGLAND only</i>. Scottish planning legislation differs in various ways from the English version, and so one should be very cautious about interpreting Scottish planning law by reference to English law.<br /><br />Having said that, the approach of the planning authority in this case does seem somewhat strange. Admittedly, a condition has to be read in context and in conjunction with the stated reason for its imposition, but it seems to me that the authority’s approach is potentially open to legal dispute. That being the case, a BCN (against which in England, and presumably also in Scotland [?] there can be no appeal) would not be the appropriate procedure to adopt. An enforcement notice (or whatever it is called in Scotland) would allow the legal issue to be determined by a Reporter, following appropriate submissions having been made by both sides. By contrast, a decision to serve a BCN in these circumstances might be open to legal challenge on <i>Wednesbury</i> grounds.<br /><br />I make no prediction as to the ultimate outcome of any appeal, but it would seem to be a fairer way of resolving the matter.<br />Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-7666838011146765982017-11-25T10:48:25.609+00:002017-11-25T10:48:25.609+00:00Martin. I’ve just been flicking through your exce...Martin. I’ve just been flicking through your excellent new book on uses of land and buildings (always start with flattery!) looking for a juicy nugget on the subject of conditions attached to planning permissions. I have a situation where the LPA is suggesting that the reason for a condition is not being complied with, even though the condition itself is. In brief, permission was granted for a change of use and, by condition, the use can only be undertaken by the applicant (or any successor in title). The use is being undertaken by the original applicant. The reason for the condition relates to the LPA’s policy on farm diversification, and justifies the imposition of the condition. The LPA feel that the land is not being farmed and, on this basis, there is a breach of the condition. I have attempted to argue that their logic is flawed. They are proposing the service of a Breach of Condition Notice. I cannot see what this could possibly achieve, given that the condition is being complied with; i.e. there is no mechanism to compel the landowner to farm the land. I might need a legal opinion (although the site is in Scotland!).Michael Hydehttps://www.blogger.com/profile/16600838449826127776noreply@blogger.com