W owned land which had been used for many years to store showground equipment over the winters. He applied for an existing use certificate. After refusing it, the authority issued enforcement proceedings. The inspector refused W’s appeal saying that there had been an abandonment in fact. The land-owner now argued that a use could not … Continue reading White v Secretary of State for the Environment: CA 1989
The landowner had obtained outline permission but with details reserved. Later full permission was granted, but the authority refused to approve matters which had already been approved in the original outline permission, saying they were out of time. Held: The respondent did have jurisdiction to hear the land-owner’s appeal. The grant of the full permission … Continue reading Etheridge v Secretary of State for the Environment: QBD 13 Oct 1983
Variation of restrictive covenant entered into as part of section 52 agreement. Citations: [1988] EWCA Civ 1, [1989] 05 EG 85, [1989] 1 EGLR 193, [1989] 57 P and CR 119, [1988] 3 PLR 45 Links: Bailii Statutes: Town and Country Planning Act 1971 52 Jurisdiction: England and Wales Land, Planning Updated: 26 November 2022; … Continue reading Martin and Another, Re Application for Judicial Review: CA 10 May 1988
The land-owner came to use the second storey of a house as a single dwelling-house where the planning permission for that second storey was conditional on its use only as storage ancillary to residential use of the remainder of the premises. The Court was asked whether that breach was fell within the section. Did ‘it … Continue reading London Borough of Camden v Backer and Aird: CA 1982
LT RESTRICTIVE COVENANTS – proposal to modify occupancy restriction imposed by an agreement under section 52 of the Town and Country Planning Act 1971 – practical benefits of substantial value or advantage – implied agreement – application dismissed – Law of Property Act 1925, s84(1), grounds (aa), (b) and (c) Judges: Francis FRCS Citations: [2006] … Continue reading Dart JL: LT 8 Aug 2006
Pill J disussed the rationale behind the efficacy of the provision in the Town and Country Planning Act: ‘There is an obvious public interest in certainty and finality when planning permissions which attach to the land concerned are granted.’ and ‘In my judgment, sections 242 and 245 of the 1971 Act do define the time … Continue reading Regina v Secretary of State for the Environment ex parte Kent and Others: 1991