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Town & country planning

14 April 2017
Issue: 7742 / Categories: Case law , Law digest , In Court
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Dunnett Investments Ltd v Secretary of State for Communities and Local Government [2017] EWCA Civ 192, [2017] All ER (D) 27 (Apr)

The Court of Appeal dismissed the claimant’s appeal, which arose from the second defendant local planning authority’s purported refusal of its application for change of use of a site from Class B1(a), namely offices, to Class C3, namely dwelling houses, and for a lawful development certificate for a Class C3, on the basis that a condition imposed in February 2005 excluded rights under the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) (the 1995 order) and that the condition restricted the use of the site to B1 only. The court agreed with the lower court and held that, on its proper construction, the planning condition in question excluded the operation of the 1995 order. It held that, the natural and ordinary meaning of the words used was that the condition allowed planning permission for other uses, but restricted to that obtained upon application from the local planning authority, and excluded planning

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Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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