O’Connor v Secretary of State for the Environment Transport and the Regions and Another: QBD 9 Nov 2000

The authority issued an enforcement notice alleging a breach of planning control through a change of use form agriculture to mixed agriculture and storage of non-agricultural materials. The land owner brought unchallenged evidence that use had continued for more than ten years, and the notice was incorrectly issued. The inspector found the witnesses’ evidence unreliable. The appeal succeeded. If the inspector wished to reject unchallenged evidence he must give very clear reasons for doing so.

Citations:

Gazette 09-Nov-2000

Jurisdiction:

England and Wales

Planning

Updated: 11 May 2022; Ref: scu.84423