[2025] EWHC 1967 (Admin)

The outcome is therefore that the challenge succeeds, but only on the narrow ground that the parties should have been given an opportunity to make submissions on the imposition of the condition taking away permitted development rights. The fact that the Claimant may apply for permission does not detract from the fact that its rights which have been completely removed. The parties may of course agree a position in light of this judgment, or failing that, agree a proportionate and appropriate mechanism to deal with this. In default of any such agreement, then the parties can make written submissions on this and any other consequential matter arising out of this judgment, which will then be determined on the basis of such submissions, and which should be filed within 14 days of hand-down of this judgment. This is not an opportunity to re-argue the merits.