A recent court case may lead to businesses finding temporary planning permission is actually permanent.

In the case of I'm Your Man Limited v The Secretary of State for the Environment (1998) the court ruled that temporary planning permission was actually permanent if there was no planning condition included requiring use to cease at a set date.

It had previously been the view that the nature of the planning permission was limited by the description of proposed development which is outlined in the heading of the decision letter from the local authority.

The case of I'm Your Man may well change this view. As no planning condition was imposed the temporary nature of the permission became permanent.

Richard Wilson is senior partner with Gordons Wright & Wright.

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