Source: All England Reporter
Publisher Citation: [2015] All ER (D) 168 (May)
Neutral Citation: [2015] EWCA Civ 482
Court: Court of Appeal, Civil Division
Judge:

Lord Justice Longmore, Lord Justice Richards and Lady Justice Gloster

Representation Saira Kabir Sheikh QC and Isabella Tafur (instructed by Westminster City Council Legal Department) for the authority.
  Cain Ormondroyd (instructed by the Government Legal Department) for the Secretary of State.
  Alex Goodman (instructed by Oriol Badia) for OB.
  Richard Turney (instructed under the Public Access Scheme) for Property Investment (Developments) Ltd as the interested party, which submitted written representations but did not appear at the hearing.
Judgment Dates: 19 May 2015

Catchwords

Town and country planning - Enforcement notice - Material change of use - Claimant local authority issuing planning enforcement notice in respect of premises - Notice alleging breach of planning control, namely, material change of use of property from hotel to mixed use hotel and hostel - Inspector appointed by first defendant Secretary of State allowing second defendant's appeal - Inspector finding matters alleged in notice not occurring and, if occurring, not constituting breach of planning control - Claimant's appeal to High Court being dismissed - Whether inspector erring in law.

The Case

Town and country planning Enforcement notice. The claimant local authority issued a planning enforcement notice alleging a breach of planning control, namely, that, within the last ten years and without planning permission, the material change of use of the property in issue from a hotel to a mixed use hostel and hotel. The second defendant's appeal against the enforcement notice was allowed by an inspector appointed by the first defendant Secretary of State. The High Court dismissed the authority's appeal. The Court of Appeal, Civil Division, in allowing the authority's appeal, held that the inspector's rejection of a mixed use had been legally flawed and the inspector had erred in law by failing to have regard to a material consideration in considering whether there had been a material change in use.

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