The grant of a temporary planning consent destroys the possibility of granting an existing use certificate. . .
When granting a certificate of lawful use and development, the inspector should include uses as primary even though the uses as such may be dormant at the time of the application unless the suspension of use was as a result of a loss of the right in . .
The new established use procedure replaced entirely the old system of planning of saying whether or not application for permission for change of use was required. . .
Where land had had several uses, the lesser uses should still be viewed in their own right, and not as ancillary uses. Established use certificates were to be granted. . .
The Claimant applied under section 288 of the TCPA 1990 to quash the decision of the First Defendant, made on his behalf by an Inspector, in which he dismissed the Claimant’s appeal from the Second Defendant’s refusal to grant him a certificate of . .
The court was asked as to the effect of section 180 in the context of an application for a certificate of lawful use under section 191 of the Act. Gilbart J  EWHC 2194 (Admin) Bailii Town and Country Planning Act 1990 180 191 Planning Updated: 03 January 2022; Ref: scu.550825
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
How does the 10-year time limit in s.171B(3) of the Town and Country Planning Act 1990 (‘TCPA 1990’) for the taking of enforcement action apply to a breach of condition in a planning permission? What is the legal nature of the right which accrues . .
The applicant had an existing planning permission. They sought and received confirmation from the local authority that the permission remained in effect. They then sought a certificate of lawful use. The letter confirming the permission had been . .
The appellant appealed a refusal of a lawful development certificate for non-compliance with an agricultural occupancy condition. It had been originally required to be used for occupation by an agricultural worker, but was occupied in breach of that . .
The House was asked whether the Ministry of Defence was entitled to cone off a section of the A814 road without the permission of the roads authority under the Roads (Scotland) Act 1984 or the local planning authority under the Town and Country . .
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 . .
The applicant had erected various buildings without permission. At one point, one of two enforcement notices was set aside on the basis that the use had been established for more than four years. Subsequently, buildings were demolished and rebuilt. . .
A Local Authority may not demand money for the variation of a covenant in lease. Such a variation was not a disposal of land. There was no out and out cessation of any interest. . .
Where an activity had been continuing without planning permission for 10 years it was no obstacle to obtaining a certificate of lawful use that the activity had been illegal because it had been carried out without a waste management licence. A . .
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Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index