I’m Your Man Ltd v Secretary of State for the Environment [1998] 4 PLR 107
The point in plain English: If a planning authority wants a use to end after a fixed period, the permission needs an enforceable condition doing that job. Merely describing the proposal as temporary was not enough in this case.
What the High Court decided
An Inspector had granted permission for sales, exhibitions and leisure activities ‘for a temporary period of seven years’, but imposed no condition requiring the use to cease after seven years.
The High Court held that there was no general power to impose an enforceable limitation of that kind on an application outside the statutory machinery for conditions. Because no temporary condition had been imposed, the permission was effectively permanent. A later Inspector therefore erred by failing to address that lawful fallback properly.
Why it still matters
The case is a useful warning to read the operative conditions, not simply the description of development, when deciding whether a permission is temporary. See our guide to planning conditions.
Important legal note: Planning Geek is a planning consultancy, not a law firm. This page provides general planning information and is not legal advice. Case law must be read in its factual and legal context and may be affected by later judgments, legislation or policy. Where the original judgment is available, it remains the authoritative source. If the outcome matters to a live case or dispute, take advice from an appropriately qualified planning solicitor or barrister.
Copyright and licensing: Crown copyright and other rights in judgments and source material remain with the relevant rights holders. Where a judgment is reproduced from Find Case Law, it is used under the Open Justice Licence and the source should be acknowledged. Material obtained from other sources is reproduced only where the applicable terms permit it. Planning Geek does not claim copyright in the text of court judgments.