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 permit unrestricted aviation activities; a material change of use occurred after 2000 requiring planning permission; the Inspector and judge were correct in their conclusions.

Parties
Appellant: Dunsfold Park Ltd; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Anr (Second Respondent)
Jurisdiction
England and Wales
Judgment Date
09 April 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Lawful Development Certificate, Material Change of Use, Interpretation of Planning Permission
Planning Law Lawful Development Certificate Material Change of Use Interpretation of Planning Permission

Case Brief

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Parties

Dunsfold Park Ltd

Appellant

Secretary of State for Communities and Local Government

First Respondent

Anr (Second Respondent)

Second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court 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 2008 planning permissions were implemented

Ratio Decidendi

The 1951 planning permission did not permit unrestricted aviation activities; a material change of use occurred after 2000 requiring planning permission; the Inspector and judge were correct in their conclusions.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; Inspector's and High Court's decisions upheld.