Source: All England Reporter
Publisher Citation: [2010] All ER (D) 199 (Jan)
Neutral Citation: [2010] EWCA Civ 26
Court: Court of Appeal, Civil Division
Judge:

Pill, Mummery, Richards LJJ
Representation Wayne Beglan (instructed by Bob Baldock) for the authority.
  Sarah-Jane Davies (instructed by the Treasury Solicitor) for the Secretary of State.
  Alexander Booth (instructed by Perrins) for the B.
Judgment Dates: 29 January 2010

Catchwords

Town and country planning - Development - Permission - Certificate of lawful use or development - Local planning authority refusing to grant certificate of lawful use in respect of building erected in accordance with planning permission - Secretary of State's inspector overturning authority's decision referring to lack of enforcement action in respect of building - Judge finding inspector's decision flawed - Whether judge erring - ss 171B, 191, 288.

The Case

Town and country planning Development. The Court of Appeal, Civil Division, found that the judge had erred in finding that the decision of the Secretary of State's inspector to grant a certificate of lawful use, pursuant to an application which had been made by the second defendant under s191 of the 1990 Act was wrong. The construction of the building, for which planning permission had been obtained, fell within s171B(1) of the and the four-year time limit under that subsection applied. Moreover, there had been a breach of planning control consisting in the change of use of the building to use as a single dwelling house, within s171B(2).

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