The applicant sought a lawful development certificate in respect of an off-road vehicle track created on their farm. It was said that the proposed use was temporary only.
Held: In making their decision, the inspector and the judge had wrongly included the physical changes as indicating that the proposed use was not temporary. Such physical changes should only be taken into account where they were such as to make the reversion to previous uses more difficult. The Act described the tests, of duration, and reversion, and those should not be added to.
Judges:
Aldous, Robert Walker, Keene, LLJ
Citations:
Times 04-Mar-2002, Gazette 14-Mar-2002
Jurisdiction:
England and Wales
Planning
Updated: 28 April 2022; Ref: scu.167720
