||All England Reporter
|| All ER (D) 400 (Nov)
|| EWHC 2713 (Admin)
||Queen's Bench Division (Administrative Court)
||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.
||30 November 2005
Town and country planning - Enforcement notice - Appeal against notice - Lawfulness of use - Whether local planning authority issuing certificate of lawful use - , s 192.
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.
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