Dunsfold Park Ltd v Secretary of State for Communities and Local Government & Anor [2013] EWHC 1878 (Admin) (03 July 2013)

Dunsfold Park Ltd v Secretary of State for Communities and Local Government & Anor [2013] EWHC 1878 (Admin) (03 July 2013)

The 1951 planning permission did not authorise unrestricted aviation activities but was limited to erection, repair, and flight testing of aircraft. Following the cessation of BAe's activities and the Claimant's acquisition of the site, a material change of use occurred, and subsequent temporary planning permissions with enforceable conditions governed aviation activities. As a result, the Claimant was not entitled to a certificate of lawful use for unrestricted aviation activities under section 191.

Citation
[2013] EWHC 1878 (Admin)
Parties
Claimant: Dunsfold Park Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Waverley Borough Council
Jurisdiction
England and Wales
Judgment Date
03 July 2013
Procedural Posture
Judicial Review (planning) / High Court Judgment on Application to Quash Inspector's Decision Under Section 288 of the Town and Country Planning Act 1990
Outcome
Claim dismissed
Legal Topics
Lawful Development Certificates, Interpretation of Planning Permissions, Material Change of Use, Enforcement Under Town and Country Planning Act 1990
Planning Law Administrative Law Local Government Law Lawful Development Certificates Interpretation of Planning Permissions Material Change of Use Enforcement Under Town and Country Planning Act 1990

Case Brief

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Parties

Dunsfold Park Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Waverley Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning) / High Court 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 for Dunsfold Aerodrome permits unrestricted aviation activities
  2. 2 Whether subsequent temporary planning permissions superseded or extinguished rights under the 1951 permission
  3. 3 Whether the Claimant is entitled to a certificate of lawful use for unrestricted aviation activities under section 191 of the Town and Country Planning Act 1990

Ratio Decidendi

The 1951 planning permission did not authorise unrestricted aviation activities but was limited to erection, repair, and flight testing of aircraft. Following the cessation of BAe's activities and the Claimant's acquisition of the site, a material change of use occurred, and subsequent temporary planning permissions with enforceable conditions governed aviation activities. As a result, the Claimant was not entitled to a certificate of lawful use for unrestricted aviation activities under section 191.

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