Fairstate Ltd, R (on the application of) v First Secretary of State & Anor [2004] EWHC 1807 (Admin) (07 July 2004)

Fairstate Ltd, R (on the application of) v First Secretary of State & Anor [2004] EWHC 1807 (Admin) (07 July 2004)

Where section 25 of the 1973 Act applies, a change from non-temporary residential use back to use as temporary sleeping accommodation is deemed to be a material change of use, breaking any accrued immunity from enforcement under section 171B(3) of the 1990 Act and permitting enforcement action. The Inspector was correct to conclude that the resumption of temporary sleeping accommodation after a period of longer-term occupation constituted a new material change of use, and thus the appeal failed.

Citation
[2004] EWHC 1807 (Admin)
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 (planning) / High Court Appeal Under Section 289(6) Town and Country Planning Act 1990
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Material Change of Use, Temporary Sleeping Accommodation, Immunity From Enforcement, Section 25 Greater London Council (general Powers) Act 1973, Section 171 B Town and Country Planning Act 1990
Planning Law Administrative Law Enforcement Notice Material Change of Use Temporary Sleeping Accommodation Immunity From Enforcement Section 25 Greater London Council (general Powers) Act 1973 Section 171 B Town and Country Planning Act 1990

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 (planning) / High Court Appeal Under Section 289(6) Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the use of a flat for temporary sleeping accommodation had acquired immunity from enforcement action under section 171B(3) of the 1990 Act
  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 1973 Act, breaking immunity

Ratio Decidendi

Where section 25 of the 1973 Act applies, a change from non-temporary residential use back to use as temporary sleeping accommodation is deemed to be a material change of use, breaking any accrued immunity from enforcement under section 171B(3) of the 1990 Act and permitting enforcement action. The Inspector was correct to conclude that the resumption of temporary sleeping accommodation after a period of longer-term occupation constituted a new material change of use, and thus the appeal failed.

Court Disposition

Appeal dismissed

Orders

  • Claimant to pay First Defendant's costs, summarily assessed at £5,000
  • No order as to costs in favour of Second Defendant (Westminster City Council)