Elvington Park Ltd v Secretary of State for Communities & Anor

Elvington Park Ltd v Secretary of State for Communities & Anor

The Inspector was entitled to find, on the evidence, that there had been a material intensification of motor vehicle activity at Elvington Airfield after 2000, amounting to a material change of use requiring planning permission. The appellant failed to discharge the burden of proof to show that the intensified use was lawful. The enforcement notice was valid except that it must expressly save activities permitted under the 1993 Planning Permission.

Parties
Appellant: Elvington Park Limited; 1st Respondent: Secretary of State for Communities and Local Government; 2nd Respondent: City of York Council
Jurisdiction
England and Wales
Judgment Date
23 November 2011
Procedural Posture
Judicial Review / Statutory Appeal / High Court Appeal From Planning Inspector's Decision
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Enforcement Notice, Material Change of Use, Intensification of Use, Planning Permission, Noise Control
Planning Law Administrative Law Enforcement Notice Material Change of Use Intensification of Use Planning Permission Noise Control

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Parties

Elvington Park Limited

Appellant

Secretary of State for Communities and Local Government

1st Respondent

City of York Council

2nd Respondent

Procedural Posture

Judicial Review / Statutory Appeal / High Court Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 Whether there was a material change of use by intensification of motor vehicle activity at Elvington Airfield after 2000
  2. 2 Whether the Inspector erred in law in determining the lawful use of the site
  3. 3 Whether the enforcement notice was valid and properly formulated

Ratio Decidendi

The Inspector was entitled to find, on the evidence, that there had been a material intensification of motor vehicle activity at Elvington Airfield after 2000, amounting to a material change of use requiring planning permission. The appellant failed to discharge the burden of proof to show that the intensified use was lawful. The enforcement notice was valid except that it must expressly save activities permitted under the 1993 Planning Permission.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • The appeal is allowed to the extent agreed by the respondents, namely that the enforcement notice must expressly save activities covered by the 1993 Planning Permission.
  • The appeal is dismissed with respect to all other issues in dispute.