The council appealed against the decision of the inspector that the land-owner should be granted a certificate of lawful development.
Held: Collins J over-turned the inspector’s decision. He viewed the building as the permitted barn, but went on to hold that there had never been any intention to use the building other than as a dwelling house, and that this meant that there had not been a change of use within section 171B(2).
Judges:
Collins J
Citations:
[2009] EWHC 966 (Admin)
Links:
Statutes:
Town and Country Planning Act 1990 171B
Jurisdiction:
England and Wales
Cited by:
Appeal from – Welwyn Hatfield Council v Secretary of State for Communities and Local Government and Another CA 29-Jan-2010
The land owner had received planning consent to erect a barn. Instead he constructed a house, but disguised it.
Held: The appeal succeeded. Once the house had been used as such for four years, the authority was obliged to issue the certificate . .
At first Instance – Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council SC 6-Apr-2011
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 05 June 2022; Ref: scu.343062
