Source: All England Reporter
Publisher Citation: [2005] All ER (D) 400 (Nov)
Neutral Citation: [2005] EWHC 2713 (Admin)
Court: Queen's Bench Division (Administrative Court)
Judge:

Wilkie J

Representation Peter Wadsley (instructed by Cobbetts) for the claimant.
  Paul Greatorex (instructed by the Treasury Solicitor) for the Secretary of State.
  The second defendant did not appear and was not represented.
Judgment Dates: 30 November 2005

Catchwords

Town and country planning - Enforcement notice - Appeal against notice - Lawfulness of use - Whether local planning authority issuing certificate of lawful use - , s 192.

The Case

In the circumstances, the first defendant Secretary of State was wrong in law to fail to characterise a document issued by the second defendant local planning authority as a certificate of lawful use of proposed development made pursuant to s192 of the . It was clear that while nothing on the face of the document purported to make it a certificate issued pursuant to s192 there was no doubt that it was intended to be a significant planning document that was to have legal effect by defining that which the claimant was to be permitted to do and therefore was in a form substantially to the like effect of such a certificate.

Practice Areas

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