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Staying Put? Enforceability of planning conditions

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The recent case of R (Skelmersdale Limited Partnership) v West Lancashire Borough Council and another [2016] EWHC 109 (Admin) has made it crystal clear that conditions imposed by a local planning authority are a powerful tool in helping to ensure potential tenants of new retail space cannot abandon the old in favour of the new. The case concerned a planning permission granted for the construction of a new shopping centre intended to revitalise the retail offering in Skelmersdale. One of the...

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