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

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

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