The Court of Appeal has granted permission to appeal the decision of Waksman J in Oates v SSCLG [2017] EWHC 2716 (admin).

The case concerns the Mansi principle, that an enforcement notice may not lawfully seek to restrict planning rights. This means that local planning authorities must not include requirements in enforcement notices that interfere with existing lawful planning rights.

The claimant had argued in the High Court that the Mansi principle is not confined to changes of use but also extended to operational development. Waksman rejected that argument.

In granting permission to Mr Oates to appeal, Lewison LJ accepted that the appeal raised a point of principle of wider importance but also "stood a real prospect of success".

The appeal will give the Court of Appeal the opportunity to consider this little-considered part of the enforcement regime but which has wide-ranging implications for development carried out under permitted development rights where additional operational development is carried out alongside the change of use.

Partner Alex Ground is acting for Mr Oates, with Tim Straker QC and Jonathan Powell as counsel.