Source: All England Reporter
Publisher Citation: [2015] All ER (D) 52 (Jan)
Neutral Citation: [2015] EWHC 20 (Admin)
Court: Queen's Bench Division, Planning Court

Mr Justice Holgate

Representation Paul Brown QC and Alexander Booth (instructed by Keystone Law) for the appellant.
  Nathalie Lieven QC (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 13 January 2015


Town and country planning - Development - Permission - Certificate of lawful use or development - Claimant applying for certificate of lawfulness of existing use or development on basis of four years' continuous use - Local planning authority refusing - Inspector appointed by defendant Secretary of State affirming decision - Whether Supreme Court authority being replaced by statute - Whether inspector misapplying authority - - - .

The Case

Town and country planning Development. The appellant appealed against the decision of the inspector appointed by the defendant Secretary of State, affirming the refusal of a certificate of lawfulness of existing use or development on the basis that he was deprived of the four year limitation period in of the Town and Country Planning Act 1990 due to his deliberate concealment. The Planning Court, in dismissing the appeal, held that the principle laid down in Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another () had not been replaced by ss 171BA to 171BC of the Act and the inspector had not failed to apply that principle correctly.

Practice Areas

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