||All England Reporter
|| All ER (D) 316 (Nov)
||Queen's Bench Division (Administrative Court)
||Andrew Tabachnik (instructed by Pinsent Masons) for the claimant.
||Ian Ponter (instructed by P Burns, Selby) for the defendant.
||23 November 2005
Town and country planning - Permission for development - Change of use - Green belt - Change of existing use - Abandonment of use - Whether use as petrol station and restaurant abandoned - Whether realistic prospect of resumption of use.
In the circumstances, the defendant local planning authority had erred in finding that the use of the site as a petrol station and restaurant had not been abandoned and that consequently, the proposed use of the site as an office building would not have a materially greater impact than the present use on the openness of the Green Belt. Moreover, the defendant had failed to adequately address whether there was a realistic likelihood of the use of the land as a petrol station and restaurant being resumed.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary