M & M (Land) Ltd v Secretary of State for Communities & Local Government & Anor

M & M (Land) Ltd v Secretary of State for Communities & Local Government & Anor

A certificate of lawful use under section 191(6) of the Town and Country Planning Act 1990 does not prevent the abandonment of the use; the inspector's finding of abandonment was open to him on the evidence and was not perverse.

Parties
Claimant: M & M (Land) Ltd; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: Hampshire County Council
Jurisdiction
England and Wales
Judgment Date
05 February 2007
Procedural Posture
Judicial Review (planning) / Judgment After Substantive Hearing and Costs Determination
Outcome
Claim dismissed
Legal Topics
Abandonment of Use, Certificate of Lawful Use, Judicial Review of Planning Decisions, Costs in Judicial Review
Planning Law Administrative Law Abandonment of Use Certificate of Lawful Use Judicial Review of Planning Decisions Costs in Judicial Review

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Parties

M & M (Land) Ltd

Claimant

Secretary of State for Communities and Local Government

1st Defendant

Hampshire County Council

2nd Defendant

Procedural Posture

Judicial Review (planning) / Judgment After Substantive Hearing and Costs Determination

Legal Issues

  1. 1 Whether a use certified as lawful under section 191 of the Town and Country Planning Act 1990 can be abandoned
  2. 2 Whether the inspector's finding of abandonment was perverse or not open to him on the evidence

Ratio Decidendi

A certificate of lawful use under section 191(6) of the Town and Country Planning Act 1990 does not prevent the abandonment of the use; the inspector's finding of abandonment was open to him on the evidence and was not perverse.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review dismissed
  • Claimant to pay the Secretary of State's costs, summarily assessed at £7,176