The company appealed against a refusal of a certificate of lawful use. Held: Appeal allowed, and Inspector’s decision restored. Judges: Sullivan, Ward, Etherton LJJ Citations: [2009] EWCA Civ 1340 Links: Bailii Statutes: Town and Country Planning Act 1990 192 Jurisdiction: England and Wales Citing: Appeal from – Rastrum Ltd and Another v Secretary of State … Continue reading Rastrum Ltd and Another v Secretary of State for Communities and Local Government and Another: CA 12 Nov 2009
In order to constitute a valid certificate of lawful use, it had to comply with the requirements of the Act. In this case it did not. Citations: Times 15-Nov-2006, [2006] EWCA Civ 1387 Links: Bailii Statutes: Town and Country Planning Act 1990 192 Jurisdiction: England and Wales Planning Updated: 08 July 2022; Ref: scu.245606
The land owner sought a certificate of lawful use for its Rugby Stadium which had been used as a concert stadium. Held: The court must look to the Order to see whether the proposed use fell within the same use class as the existing use. A sports stadium use was class D2(e), but a concert … Continue reading Rugby Football Union v Secretary of State for the Environment, Transport and the Regions and Another: CA 17 Jul 2002
The owners of a rugby football stadium were not entitled to a certificate of lawfulness of a proposed use under the section, for the use of the stadium as an open air concert hall. The idea of a concert hall required the idea that it should be a closed area. Nor were attendees at such … Continue reading Rugby Football Union v Secretary of State for the Environment, Transport and the Regions and Another: QBD 25 Oct 2001
The parties disputed the validity of the time-limit condition (condition 1), which required the ‘development to which this permission relates’ to be begun within three years. Held: The Court upheld the inspector’s decision that this condition was invalid, in circumstances where the relevant ‘development’ had been carried out many years before. Lewison LJ said: ‘I … Continue reading London Borough of Lambeth v Secretary of State for Communities and Local Government and Others: CA 20 Apr 2018
A certificate of lawful proposed use was properly granted for the merger of two units. Citations: Ind Summary 15-Feb-1996 Statutes: Town and Country Planning Act 1990 192 Planning Updated: 09 April 2022; Ref: scu.87062
Judges: Patten , Hickinbottom LJJ Citations: [2017] EWCA Civ 429, [2017] WLR(D) 399 Links: Bailii, WLRD Statutes: Town and Country Planning Act 1990 192 Jurisdiction: England and Wales Planning Updated: 27 March 2022; Ref: scu.588199
Challenge to the decision of the the Council to grant a lawful development certificate under section 192. Cranston J [2016] EWHC 3108 (Admin) Bailii Town and Country Planning Act 1990 192 England and Wales Planning Updated: 26 January 2022; Ref: scu.571965
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 issued in error, but the claimant asserted that the council were estopped from refusing the certificate. The inspector … Continue reading Downderry Construction Ltd v Secretary of State for Transport, Local Government and the Regions and Another: Admn 11 Jan 2002
Application pursuant to Section 288 of the Town and Country Planning Act 1990 in relation to the decision of the defendant’s duly appointed inspector in which he dismissed the appeal of the claimant against the interested parties’ refusal of an application under Section 192(1)(b) of the 1990 Act in respect of a certificate of lawful … Continue reading Choiceplace Properties Ltd v Secretary of State for Housing Communities and Local Government: Admn 27 Apr 2021
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 Planning (Scotland) Act 1972. Held: Before the Acts of Union, Scots law … Continue reading Lord Advocate v Dumbarton District Council: HL 1989
The use of a tethered barge as a heliport constituted a change of use of the land under the river. Citations: Times 10-Dec-1996, [1996] EWCA Civ 1063 Statutes: Town and Country Planning Act 1990 55 Jurisdiction: England and Wales Citing: Cited – The Carlgarth 1927 Scrutton LJ said: ‘When you invite a person into your … Continue reading Thames Heliport Plc v London Borough of Tower Hamlets: CA 28 Nov 1996
The Court allowed an appeal by the respondents against a decision of an Inspector appointed by the appellant, dismissing the first respondent’s appeal under section 195 of the Town and Country Planning Act 1990 against the interested party’s decision to refuse to grant a Certificate of Lawful Use or Development to the first respondent under … Continue reading Rastrum Ltd and Another v Secretary of State for Communities and Local Government and Another: Admn 4 Feb 2009
The house owner sought a lawful use certificate. He wished to use the house as sheltered housing for six people recovering from mental illness, with support from a resident carer. The rules allow such a certificate where there would be a total of six people living in the property. The local authority refused the certificate … Continue reading Secretary of State for Transport, Local Government and the Regions v Waltham Forest London Borough Council: CA 15 Mar 2002
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted. Held: The grants included the areas surrounding the concrete bases on which the stations were erected. Despite the … Continue reading Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004
The council served a stop notice. The company sought compensation. The council replied that the company had no legal or equitable interest in the land affected. Held: The company had occupied the land under a licence. A contractual licensee on land may be, but is not necessarily, an occupier. Citations: [2004] EWCA Civ 288, Times … Continue reading International Traders Ferry Ltd v Adur District Council: CA 26 Feb 2004
When an enforcement notice had been served, it was enough evidence in the circumstances that the person served was an owner of the land within the Act to show that he had applied for change of use of the land stating that he was the owner of the land Citations: Gazette 25-Nov-1998, [1998] EWHC Admin … Continue reading Walton v Sedgefield Borough Council: Admn 16 Nov 1998
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. Citations: Times 18-May-1998, [1998] EWHC Admin 462 Links: Bailii Statutes: Town and Country Planning Act 1990 191 192 193 194 195 196 Planning Updated: 27 May 2022; Ref: scu.138583
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request. Held: The appeal were solely as to the way the lapse of time may be relevant to whether or not it wa … Continue reading Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014
Application under section 288 of the Town and Country Planning 1990 (1990 Act) to quash a decision letter on the part of an inspector appointed by the First Defendant to hear an appeal lodged by the applicant under section 195 of the 1990 Act against refusal on the part of the Second Defendant to grant … Continue reading Royal London Mutual Insurance Society Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government: Admn 16 Oct 2013
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
The council appealed against the inspector’s decision to quash its enforcement notice. The land-owner occupied a wooden structure which he said was a caravan, but the council said was a residence and an unlawful change of use of agricultural land. . .
The claimants challenged the grant of planning permission for neighbouring land. . .
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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
