Before signing up to a lease of premises, it is essential for
the tenant to ensure that:
- planning permission exists for the proposed use; and
- the lease permits that proposed use.
This sounds obvious but the recent case of Purvis Plant Hire
Limited v David Brewster and others shows what can happen when
these basic steps are not followed.
In this case the lease permitted the premises to be used only
for the storage of bulk materials or such other use as the landlord
may permit. The tenant not only stored materials but also installed
expensive equipment to recycle construction and demolition
materials (a use to which he believed the landlord would
consent).
Following a complaint to the Council about the noise and dust
levels, a planning contravention notice was served and, on appeal,
the planning Reporter decided that no planning permission existed
for the recycling of materials. He also noted that the Council
believed that there was no planning permission
