| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 53 (Jun) |
| Court: | Queen's Bench Division (Administrative Court) |
| Judge: | Sullivan J |
| Representation | Richard Wald (instructed by Selwyn & Co) for the claimant. |
| Jonathan Auburn (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 9 June 2005 |
Catchwords
Town and country planning - Enforcement notice - Appeal - Change of use - Continuous user - Evidence of use.
The Case
In an appeal against an enforcement notice, pursuant to s174 of the the burden was on the claimant to prove continuous use and, in the circumstances, the inspector was entitled as a matter of planning judgment to reach the conclusion that he had failed to prove such use.
Practice Areas
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