Mr and Mrs A Coupe v Peak District National Park Authority

摘要

24. In conclusion, although I have found that Condition 18 is not a "true" condition precedent, I have found that Condition 2 of the 2008 planning permission is. It was not discharged in substance or form and therefore the 2008 planning permission was never implemented, and the conditions attached to it and the legal agreement do not apply. Whether or not the development was constructed in complete accordance with the approved plans does not therefore need to be considered. 25. The evidence shows that the appellants did not implement the 2008 permission and carried out the building operations to convert the former garage and workshop to a single dwelling house without express planning permission. The operations involved in the conversion were substantially completed by March 2009 and the development has been continually used thereafter as a dwelling house. By the date of the application for a LDC, immunity from enforcement action for the unauthorised development had been achieved.