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William Boyer (Transport) Ltd v Secretary of State for the Environment and Another: CA 7 Feb 1996

Renewed enforcement notices still had to be issued within a ten year period. A previous enforcement action taken by authority, needed itself to have been valid if it was to be used as a basis for keeping time running. ‘The breach of planning control alleged by the ‘second bite’ enforcement notice under section 171B(4) has … Continue reading William Boyer (Transport) Ltd v Secretary of State for the Environment and Another: CA 7 Feb 1996

Coventry (T/A RDC Promotions and Another v Lawrence and Others: CA 27 Feb 2012

The appellants, owners of a motor sport racing circuit, appealed against a finding that their activities constituted a nuisance, given that they had planning permissions for the use. Held: The appeal succeeded. The judge had erred in holding that the actual use of the Stadium and the Track over a number of years, with planning … Continue reading Coventry (T/A RDC Promotions and Another v Lawrence and Others: CA 27 Feb 2012

Arun District Council v First Secretary of State and Another: QBD 5 Oct 2005

Ms Bown had been granted conditional planning permission for an extension. That extension later came to be used as a separate dwelling in breach of the condition. The Council sought to enforce the condition. The defendant appealed the enforcement notice, and the inspector held the condition to be invalid, and that any enforcement had to … Continue reading Arun District Council v First Secretary of State and Another: QBD 5 Oct 2005

Welwyn Hatfield Council v Secretary of State for Communities and Local Government and Another: CA 29 Jan 2010

The land owner had received planning consent to erect a barn. Instead he constructed a house, but disguised it. Held: The appeal succeeded. Once the house had been used as such for four years, the authority was obliged to issue the certificate of lawful use even though the house had been built under a deception. … Continue reading Welwyn Hatfield Council v Secretary of State for Communities and Local Government and Another: CA 29 Jan 2010

First Secretary of State v Arun District Council and Another: CA 10 Aug 2006

The land-owner had received planning permission to construct an extension to her home subject to a condition that it could be occupied only by a dependant relative. In 1996, she let it to students in breach of the condition. In 1996, te council took enforcement proceedings. She answered that the time limit for enforcement was … Continue reading First Secretary of State v Arun District Council and Another: CA 10 Aug 2006

Welwyn Hatfield Council, Regina (On the Application of) v Secretary of State for Communities and Local Government and Another: Admn 7 Apr 2009

The council appealed against the decision of the inspector that the land-owner should be granted a certificate of lawful development. Held: Collins J over-turned the inspector’s decision. He viewed the building as the permitted barn, but went on to hold that there had never been any intention to use the building other than as a … Continue reading Welwyn Hatfield Council, Regina (On the Application of) v Secretary of State for Communities and Local Government and Another: Admn 7 Apr 2009

Alan Frank Sage v Secretary of State for Environment Transport and Regions and Maidstone Borough Council: Admn 11 Oct 2000

An enforcement notice was issued. The land-owner resisted, saying that the building had been substantially completed more than four years before. Held: It was necessary only that the building works permitted by the permission should be complete, and not that the building should be complete in other ways so as to have made it habitable. … Continue reading Alan Frank Sage v Secretary of State for Environment Transport and Regions and Maidstone Borough Council: Admn 11 Oct 2000

Moore v Secretary of State for Environment and New Forest District Council: CA 18 Feb 1998

The outbuildings of a large country house had been converted into ten single self-contained units of residential accommodation for the purpose of holiday lettings. Nine of the units were in use by May 1991. In May 1995 the local planning authority issued an enforcement notice alleging a material change of use from residential to mixed … Continue reading Moore v Secretary of State for Environment and New Forest District Council: CA 18 Feb 1998

Bridle v Secretary of State for the Environment Transport and the Regions: QBD 16 Nov 2000

The landowner had applied for and had been refused change of use from an agricultural building to residential land. He subsequently applied for similar permission in respect of a goat shed. The council failed to determine his application, and the inspector refused it. He alleged a failure to take proper account of the relevant development … Continue reading Bridle v Secretary of State for the Environment Transport and the Regions: QBD 16 Nov 2000

Torridge District Council v Jarrad: QBD 13 Apr 1998

The general defence of 10 year user, is not available to allegation of displaying advertisement unlawfully, since the offence arises under a different part of the Act, and the several parts of the Act are not to be read together. Citations: Times 13-Apr-1998 Statutes: Town and Country Planning Act 1990 171B(3) Planning Updated: 10 April … Continue reading Torridge District Council v Jarrad: QBD 13 Apr 1998

Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011

The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011

Withers v The Secretary of State for The Environment, The North Somerset District Council: Admn 9 Sep 1997

The appellants appealed a refusal of an inspector to set aside an enforcement notice with regard to the alteration of use of an outbuilding to a residence. He asserted that no enforcement action having been taken for four years, the enforcement could not proceed. There had been use over a longer period, but there had … Continue reading Withers v The Secretary of State for The Environment, The North Somerset District Council: Admn 9 Sep 1997