Dunsfold Park Ltd v Secretary of State for Communities and Local Government & Anor [2014] EWCA Civ 627 (09 April 2014)

Dunsfold Park Ltd v Secretary of State for Communities and Local Government & Anor [2014] EWCA Civ 627 (09 April 2014)

The 1951 planning permission did not permit unrestricted aviation activities; a material change of use occurred after BAe ceased operations in 2000 and Dunsfold Park Ltd took over, requiring new planning permissions; the Inspector and judge were correct to conclude that the 2008 planning permissions had been implemented and that the Appellant was not entitled to a Lawful Development Certificate for unrestricted aviation activities.

Citation
[2014] EWCA Civ 627
Parties
Appellant: Dunsfold Park Ltd; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Waverley Borough Council
Jurisdiction
England and Wales
Judgment Date
09 April 2014
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Lawful Development Certificate, Material Change of Use, Interpretation of Planning Permission, Town and Country Planning Act 1990
Planning Law Administrative Law Lawful Development Certificate Material Change of Use Interpretation of Planning Permission Town and Country Planning Act 1990

Case Brief

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Parties

Dunsfold Park Ltd

Appellant

Secretary of State for Communities and Local Government

First Respondent

Waverley Borough Council

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the 1951 planning permission permits unrestricted aviation activities
  2. 2 Whether there was a material change of use after 2000 requiring planning permission
  3. 3 Whether one or other of the 2008 planning permissions was implemented

Ratio Decidendi

The 1951 planning permission did not permit unrestricted aviation activities; a material change of use occurred after BAe ceased operations in 2000 and Dunsfold Park Ltd took over, requiring new planning permissions; the Inspector and judge were correct to conclude that the 2008 planning permissions had been implemented and that the Appellant was not entitled to a Lawful Development Certificate for unrestricted aviation activities.

Court Disposition

Appeal dismissed

Orders

  • No Lawful Development Certificate granted
  • Inspector's decision and High Court judgment upheld