Source: All England Reporter
Publisher Citation: [2005] All ER (D) 316 (Nov)
Court: Queen's Bench Division (Administrative Court)
Judge:

Sullivan J

Representation Andrew Tabachnik (instructed by Pinsent Masons) for the claimant.
  Ian Ponter (instructed by P Burns, Selby) for the defendant.
Judgment Dates: 23 November 2005

Catchwords

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.

The Case

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.

Practice Areas

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