Since the "I'm Your Man" case in 1998 (I'm Your Man Ltd v Sec of State for the Environment), it has been settled law that if a limitation is to be attached to a planning permission, it must be by way of an express condition. A limitation cannot be inferred from the description of the development.
In Cotswold Grange Country Park LLP v Sec of State for CLG , the principle was again applied. A permission granted in 2010 authorised the use of land for 54 caravans for year round holiday accommodation. One condition prohibited the use of each of the 54 caravans as the occupier's sole or main residence.
The planning authority later refused an application for a lawful development certificate for the stationing of six additional caravans for residential use. On appeal, the inspector upheld the refusal on the basis that the application was in conflict with the terms of the 2010 permission.
The court quashed the inspector's decision. The condition did not limit the number of caravans on the site and no such condition could be implied from the description of the development, on the "I'm Your Man" reasoning. The inspector had erred in law.