Source: All England Reporter
Publisher Citation: [2002] All ER (D) 402 (Oct)
Court: Administrative Court
Judge:

Sullivan J

Representation David Forsdick (instructed by Veitch Penny, Exeter) for the claimant.
  James Strachan (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 28 October 2002

Catchwords

Town and country planning - Enforcement notice - Appeal - Change of use to retail trade - Inspector allowing appeal - Inspector concluding bay windows amounting to 'display window' - Correctness of decision.

The Case

A planning inspector had been entitled to allow an appeal against an enforcement notice alleging an unauthorised change of use from A2 to A1 retail, in circumstances where he had concluded that a bay window in that building had amounted to a 'display window', despite the fact that it had not been designed for that purpose.

Practice Areas

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