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 condition for several years. The breach had ceased by the time the certificate was applied for. At the time the occupation had ceased, the property would still have been subject to enforcement proceedings.
Held: The circumstance constituting the breach must be in effect at the date of the application. This appeal failed. The applicant had failed to show that the value of the original condition applied.
Citations:
[1997] EWHC Admin 775
Links:
Statutes:
Town and Country Planning Act 1990 288, Planning and Compensation Act 1991 191
Jurisdiction:
England and Wales
Planning
Updated: 01 December 2022; Ref: scu.137720
