||All England Reporter
|| All ER (D) 50 (Feb)
|| EWHC 3132 (Admin)
||Queen's Bench Division, Administrative Court
Judge Hickinbottom sitting as a judge of the High Court
|| Jonathan Clay (instructed by Richard Buxton) for the claimant.
|| James Strachan (instructed by the Treasury Solicitor) for the first respondent.
||22 December 2008
Town and country planning - Change of use - Land ancillary to dwelling house - Claimant making substantial extensions to caravan site without planning permission - Claimant applying for planning permission to bring further caravans and mobile homes onto site - Planning authority refusing permission and issuing enforcement notices - Planning inspector dismissing appeals against refusal and enforcement notices - Inspector holding former caravan constituting dwelling house building for planning purposes - Inspector holding claimant unable to resume previous lawful use of site since change of use immune from enforcement action - Claimant seeking order quashing inspector's decisions - Whether land ancillary to dwelling house having same time-limit for immunity from enforcement action as dwelling house - ss 57(4), 171B(2), 171B(3), 191(2).
Town and country planning Change of use. Queen's Bench Division, Administrative Court: The change of use of land ancillary to a dwelling house could properly be described as a part of the change of use affecting the dwelling house itself, and once the use of a building as a dwelling house became lawful under s171B(2) of the so did the use of land within the same planning unit. Accordingly, when dismissing the claimant's appeals against enforcement notices and against the refusal of planning permission, the inspector's approach to the issue of planning units had been correct as a matter of law and he had been more than entitled to conclude that, on the evidence, the relevant site comprised a single planning unit. Once that finding was accepted, s57(4) of the Act could not avail the claimant by permitting resumption of the site's previous lawful use. The claimant's applications to quash the inspector's decisions were therefore dismissed.
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