||All England Reporter
|| All ER (D) 53 (Jun)
||Queen's Bench Division (Administrative Court)
||Richard Wald (instructed by Selwyn & Co) for the claimant.
||Jonathan Auburn (instructed by the Treasury Solicitor) for the Secretary of State.
||9 June 2005
Town and country planning - Enforcement notice - Appeal - Change of use - Continuous user - Evidence of use.
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.
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