Source: All England Reporter
Publisher Citation: [2002] All ER (D) 236 (Mar)
Neutral Citation: [2002] EWCA Civ 330
Court: Court of Appeal, Civil Division

Schiemann, Tuckey and Jonathan Parker LJJ

Representation Richard Langham (instructed by Philip Jackson) for the authority.
  Philip Sales and Rupert Warren (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 15 March 2002


Town and country planning - Use of land - Certificate of lawfulness of proposed use or development - Local planning authority refusing to certify proposed use - Appeal to Secretary of State's inspector - Inspector allowing appeal - Inspector having regard to notional existing use which was not supported by evidence - Whether inspector in error - s 192.

The Case

In the context of an application for a certificate of lawfulness of proposed use under s192 of the what had to be compared, in deciding whether a proposed change of use was a material change of use, was the present use and the proposed use.

Practice Areas

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