The claimant sought to appeal an enforcement notice. The land had been used for crushing etc concrete. The council had said it was an unlicensed waste management facility. A temporary permission had been granted subject to an obligation under s106.
Held: Permission was obtained for a filetring media plant, but under the subsequent Use Classes Order, both the filtering media and concrete crushing uses fell within Class B2 and so no planning permission was now required for the change from one to the other. The order was not retrospective, but the claimant asserted established use. The rule in Newbury only applied to preserve an existing use where the new planning permission was unnnecessary to the cuttent use. That did not apply here and the appeal was dismissed.
Judges:
The Hon. Mr Justice Collins
Citations:
[2000] EWHC Admin 436
Links:
Statutes:
Town an Country Planning Act 1990 106
Jurisdiction:
England and Wales
Citing:
Distinguished – Newbury District Council v Secretary of State for the Environment HL 1981
The grant of a temporary planning permission did not operate to cancel an existing established use. A planning condition requiring removal of hangars was invalid because it did not fairly or reasonably relate to the permitted development. The grant . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 29 May 2022; Ref: scu.140253
