Source: All England Reporter
Publisher Citation: [2012] All ER (D) 171 (Mar)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Ouseley J (judgment delivered extempore)
Representation John Litton QC and Charles Banner (instructed by Bircham Dyson Bell LLP) for the claimants.
  James Strachan and Jonathan Auburn (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 21 March 2012

Catchwords

Town and country planning - Development - Use classes - Local authority issuing enforcement notice in respect of unauthorised change of use - Planning inspector allowing appeal against notice - Inspector finding use acquiring immunity from enforcement - Whether necessary for specific use enforced against to be continuous for requisite period - Whether unlawful changes of use within same use class conferring immunity - , , , , Town and Country Planning (Use Classes) Order 1987, art 3(1).

The Case

Town and country planning Development. The Administrative Court, in dismissing the claimants' application for judicial review, held that for the purposes of acquiring immunity from enforcement pursuant to s171B of the it was not necessary that a single purpose of any 'use class' was undertaken before immunity was conferred.

Practice Areas

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