||All England Reporter
|| All ER (D) 236 (Mar)
|| EWCA Civ 330
||Court of Appeal, Civil Division
Schiemann, Tuckey and Jonathan Parker LJJ
||Richard Langham (instructed by Philip Jackson) for the authority.
||Philip Sales and Rupert Warren (instructed by the Treasury Solicitor) for the Secretary of State.
||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.
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.
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