Dunsfold Park Ltd v Secretary of State for Communities and Local Government & Anor

Dunsfold Park Ltd v Secretary of State for Communities and Local Government & Anor

The 1951 planning permission did not authorise unrestricted aviation activities but was limited to erection, repair, and flight testing of aircraft. After BAe ceased operations, a material change of use occurred due to the introduction of multiple occupiers and non-aviation activities, requiring new planning permissions. At least one of the 2008 temporary permissions was implemented, and its conditions restricting aviation activities were engaged. The Inspector's interpretation and application of planning law were correct, and the Claimant is not entitled to a certificate of lawful use for unrestricted aviation activities.

Parties
Claimant: Dunsfold Park Limited; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: Waverley Borough Council
Jurisdiction
England and Wales
Judgment Date
03 July 2013
Procedural Posture
Judicial Review / Judgment on Application to Quash Inspector's Decision Under Section 288 of the Town and Country Planning Act 1990
Outcome
Claim dismissed
Legal Topics
Certificate of Lawful Use, Interpretation of Planning Permission, Material Change of Use, Implementation of Planning Permissions
Planning Law Administrative Law Certificate of Lawful Use Interpretation of Planning Permission Material Change of Use Implementation of Planning Permissions

Case Brief

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Parties

Dunsfold Park Limited

Claimant

Secretary of State for Communities and Local Government

1st Defendant

Waverley Borough Council

2nd Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Inspector's Decision Under Section 288 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the 1951 planning permission authorised unrestricted aviation activities at Dunsfold Aerodrome
  2. 2 Whether a material change of use occurred after BAe ceased operations in 2002
  3. 3 Whether subsequent temporary planning permissions were lawfully implemented and restrict aviation activities

Ratio Decidendi

The 1951 planning permission did not authorise unrestricted aviation activities but was limited to erection, repair, and flight testing of aircraft. After BAe ceased operations, a material change of use occurred due to the introduction of multiple occupiers and non-aviation activities, requiring new planning permissions. At least one of the 2008 temporary permissions was implemented, and its conditions restricting aviation activities were engaged. The Inspector's interpretation and application of planning law were correct, and the Claimant is not entitled to a certificate of lawful use for unrestricted aviation activities.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Inspector's decision refused
  • No certificate of lawful use for unrestricted aviation activities to be issued