Condition defining uses does not prevent operation of GPDO

An inspector concluded that an appeal should be allowed and Class PA prior approval granted for the change of use to dwellings of an old dairy converted into light industrial use in Oxfordshire.

The building was originally built as an agricultural building. In 1993 planning permission was granted for a change of use for the storage and distribution of agricultural chemicals. In 2001 planning permission was granted for Class B8, Class B1(b) and B1(c) uses, subject to a condition limiting use of the building to the specified uses to protect the amenity of the area. The main issue for the inspector was whether this condition had the effect of removing permitted development rights.

Reviewing the extensive case law surrounding the ability of conditions to restrict permitted development rights and referring specifically to Dunoon Developments Ltd v SSE & Poole BC 1993, the inspector concluded that the condition in the case before him, in limiting the use to particular components of a more widely defined use, also did nothing more than define the ambit of the planning permission. Therefore, Article 3(4) of the GPDO was not engaged so as to prevent the operation of the permitted development rights described therein. The proposal was found to be permitted development.  

Inspector: M Bale; Written representations

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