The land owner claimed continuous use for more than ten years, to establish a defence to enforcement proceedings. Such a defence was for the land owner to establish, and required him to show continuity during the period, allowing for exclusion of times when enforcement proceedings were not available. It was not appropriate to apply legal principles from the law relating to abandonment except when accrued rights were asserted.
Citations:
Times 03-Apr-2001
Jurisdiction:
England and Wales
Planning, Limitation
Updated: 11 May 2022; Ref: scu.89893
