The land had had general B2 industrial use permission. Over the previous 4 years, it had begun to be used for the dismantling of vehicles. The inspector granted the permission seeking to impose conditions to ensure that it would be environmentally sensitive. The claimants challenged this on the basis that a reverter to the original use would also require permission which could be a better opportunity to control use.
Held: Section 57(1) provided that where a use had been challenged by an enforcement notice, the reverter to the previous established use was automatic. Though an enforcement notice had not been served, the inspector correctly surmised that one would be if permission were not granted. Accordingly the inspector acted properly in granting the permission subject to conditions.
Judges:
Mr Justice Sullivan
Citations:
Gazette 18-Jul-2002
Statutes:
Town and Country Planning Act 1990 57(4)
Jurisdiction:
England and Wales
Planning
Updated: 12 April 2022; Ref: scu.174742