The land-owner came to use the second storey of a house as a single dwelling-house where the planning permission for that second storey was conditional on its use only as storage ancillary to residential use of the remainder of the premises. The Court was asked whether that breach was fell within the section. Did ‘it relate to a breach of planning control consisting in: ‘the making without planning permission of a change of use of any building to use as a single dwelling house’.
Held: The breach was covered by the words of section 87(3)(c) and the fact that the change of use was also a failure to comply with a condition did not override that. ‘unlike other changes of use, householders who change the use of a building to that of a single dwelling-house should only be vulnerable to enforcement action if it is instituted within four years from the change.’
Judges:
Waller LJ, Donaldson LJ, Sir David Cairns
Citations:
[1982] JPL 516
Statutes:
Town and Country Planning Act 1971 87(3)(c)
Jurisdiction:
England and Wales
Cited by:
Cited – First Secretary of State v Arun District Council and Another CA 10-Aug-2006
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 . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 05 August 2022; Ref: scu.245082