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

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

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

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

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

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