Secretary of State for the Environment, Transport and the Regions and another v Thurrock Borough Council: CA 27 Feb 2002

Land on a farm had been used intermittently for many years as an airfield. The local authority issued two enforcement notices, one in respect of a building used as a hangar, and one for unlawful change of use from domestic and agricultural purposes to use for domestic purposes and as an airfield. The inspector allowed appeals against the notices, the second because of use in excess of ten years, and the first on the ground that permission ought to be granted. The Council appealed, and succeeded at first instance. The farmer appealed.
Held: The appeals failed. It had been for the land-owner to show continuous use, if lawful use had not once been established. The inspector should have asked whether a hangar would have been required within the 1955 uses authorised. It could not.


Lords Justice Schiemann and Chadwick and Sir Christopher Staughton


Gazette 06-Mar-2002


Town and Country Planning Act 1990 174(2)(d) 174(2)(a)


England and Wales


DistinguishedPanton and Farmer v Secretary of State for Environment , Transport and Regions and and Vale of White Horse District Council Admn 16-Dec-1998
When granting a certificate of lawful use and development, the inspector should include uses as primary even though the uses as such may be dormant at the time of the application unless the suspension of use was as a result of a loss of the right in . .
Lists of cited by and citing cases may be incomplete.


Updated: 08 May 2022; Ref: scu.167742