W owned land which had been used for many years to store showground equipment over the winters. He applied for an existing use certificate. After refusing it, the authority issued enforcement proceedings. The inspector refused W’s appeal saying that there had been an abandonment in fact. The land-owner now argued that a use could not be abandoned.
Held: W’s appeal failed. An established use could be abandoned by non-use. The facts found were supported by evidence as to an interruption and change of use and abandonment of any existing use.
Citations:
[1989] 58 P and CR 281, [1989] 15 EG 193
Statutes:
Town and Country Planning Act 1971 245 246
Jurisdiction:
England and Wales
Citing:
Cited – Hartley v Minister of Housing and Local Government CA 1970
A petrol station operated with an area to display and sell cars. Sales stopped in 1961 when the owner died. His son was thought too young and inexperienced son to be involved in car sales. Sales were resumed in 1965 when a new owner acquired the . .
Cited – Pioneer Aggregates (UK) Limited v Secretary of State for the Environment HL 1985
The House considered the concept of a spent planning consent.
Held: This was a mineral operation and every shovelful dug amounted to another act of development. Therefore, although it had been begun, the planning permission was not spent and . .
Cited by:
Cited – 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: 22 August 2022; Ref: scu.431853