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. He answered a further enforcement notice saying that the use had been lawful by virtue of the rejection of the previous notice.
Held: The enforcement notice which had been discharged, related to a change of use only. The breach alleged extended over other areas, and so no lawful use was effective to resist the enforcement. The previous temporary permission was replaced only again by another temporary permission. Policy H21 did not apply.
Town and Country Planning Act 1990 174(2)(d), 191, 288
England and Wales
Updated: 06 February 2021; Ref: scu.166181