The planning authority served an enforcement notice after the land owner increased the number of caravans on his land. The court considered the validity of the enforcement notice. Lord Denning said: ‘It was said on behalf of the appellant that the change of use alleged in the enforcement notice (from one to four caravans) was not a material change of use. Intensification of an existing use, it was said, is not a material change of use. I do not agree. I think that a considerable increase in the number of caravans would be a material change of use. In any case it must be remember that this whole site was used as a pleasure ground with a cafe and one caravan. If the site is used as well for several caravans, that would be a material change of use. It would be a change from a pleasure ground to a caravan site, at least in part. This question — of a material change of use — has been repeatedly held to be a question of fact and degree. The Divisional Court was quite right to refer it to the Minister for decision.’
Judges:
Lord Denning and Davies LJ
Citations:
[1966] 1 WLR 135
Jurisdiction:
England and Wales
Citing:
Appeal from – James v Secretary of State for Wales QBD 1965
The defendant challenged the validity of a planning enforcement notice served after he had increased the number of caravans on his site. The Secretary of State said it amounted to a change of use. . .
Cited by:
Appeal from – James v Secretary of State for Wales HL 1968
The land-owner increased the number of caravans on his land. The planning authority alleged there had been a change of use, and issued an enforcement notice. The land-owner challenged its validity.
Held: A decision granting or refusing . .
Lists of cited by and citing cases may be incomplete.
Administrative, Planning
Updated: 07 May 2022; Ref: scu.258744