Friday 25 September, 2020
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Permission Granted to Remove Personal Condition on Planning Consent
December 2011
Rob Duncan Planning Consultancy has recently been successful in securing a variation of a planning condition imposed by a Local Authority when it granted consent for the change of use of an industrial premises to a childrens nursery.  The condition imposed was tantamount to a personal permission and required the nursery use to cease once the current occupier vacated the site, and the site be returned to industrial use.  Rob Duncan Planning Consultancy presented a case arguing that the condition was unreasonable in that the date of final use was not known and that there was already consent for a permanent nursery use on the site.  Planning permission was accordingly granted to vary the wording of the condition such that the use can now continue in perpetuity. 
Rob Duncan Planning Consultancy