Fairstate Ltd, R (on the application of) v First Secretary of State & Anor

Fairstate Ltd, R (on the application of) v First Secretary of State & Anor

Where section 25 of the Greater London Council (General Powers) Act 1973 applies, a change from permanent residential use to use as temporary sleeping accommodation is deemed to be a material change of use. Even if immunity from enforcement action had previously been acquired by ten years' continuous use as temporary sleeping accommodation, a subsequent period of more permanent occupation followed by a reversion to temporary sleeping accommodation constitutes a new material change of use, susceptible to enforcement action. The Inspector did not err in law in upholding the enforcement notice.

Parties
Claimant: Fairstate Limited; First Defendant: First Secretary of State; Second Defendant: Westminster City Council
Jurisdiction
England and Wales
Judgment Date
07 July 2004
Procedural Posture
Judicial Review/statutory Appeal / Judgment After Substantive Hearing
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Material Change of Use, Temporary Sleeping Accommodation, Immunity From Enforcement Action, Interpretation of Section 25 Greater London Council (general Powers) Act 1973
Planning Law Administrative Law Enforcement Notice Material Change of Use Temporary Sleeping Accommodation Immunity From Enforcement Action Interpretation of Section 25 Greater London Council (general Powers) Act 1973

Case Brief

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Parties

Fairstate Limited

Claimant

First Secretary of State

First Defendant

Westminster City Council

Second Defendant

Procedural Posture

Judicial Review/statutory Appeal / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the use of a flat as temporary sleeping accommodation had acquired immunity from enforcement action under section 171B of the Town and Country Planning Act 1990
  2. 2 Whether a subsequent change of use and reversion to temporary sleeping accommodation constituted a material change of use under section 25 of the Greater London Council (General Powers) Act 1973
  3. 3 Whether the Inspector erred in law in upholding the enforcement notice

Ratio Decidendi

Where section 25 of the Greater London Council (General Powers) Act 1973 applies, a change from permanent residential use to use as temporary sleeping accommodation is deemed to be a material change of use. Even if immunity from enforcement action had previously been acquired by ten years' continuous use as temporary sleeping accommodation, a subsequent period of more permanent occupation followed by a reversion to temporary sleeping accommodation constitutes a new material change of use, susceptible to enforcement action. The Inspector did not err in law in upholding the enforcement notice.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay First Secretary of State's costs, summarily assessed at £5,000
  • No order as to costs in favour of Westminster City Council