Fairstate Ltd. v First Secretary of State & Anor [2005] EWCA Civ 283 (21 March 2005)

Fairstate Ltd. v First Secretary of State & Anor [2005] EWCA Civ 283 (21 March 2005)

The interruption of continuous use as temporary sleeping accommodation by a period of longer-term occupation, followed by resumption of short-term letting, triggers s. 25 of the 1973 Act, deeming the resumption a material change of use. This allows enforcement action, even if the prior use had become lawful by passage of time, because s. 25 operates as an exception to the general rule on accrued lawful use rights.

Citation
[2005] EWCA Civ 283
Parties
Appellant: Fairstate Ltd.; 1st Respondent: First Secretary of State; 2nd Respondent: Westminster City Council
Jurisdiction
England and Wales
Judgment Date
21 March 2005
Procedural Posture
Planning Enforcement Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Material Change of Use, Temporary Sleeping Accommodation, Enforcement Notice, Section 25 Greater London (general Powers) Act 1973, Section 171 B Town and Country Planning Act 1990, Lawful Use Rights
Planning Law Administrative Law Material Change of Use Temporary Sleeping Accommodation Enforcement Notice Section 25 Greater London (general Powers) Act 1973 Section 171 B Town and Country Planning Act 1990 Lawful Use Rights

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Parties

Fairstate Ltd.

Appellant

First Secretary of State

1st Respondent

Westminster City Council

2nd Respondent

Procedural Posture

Planning Enforcement Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether resumption of use as temporary sleeping accommodation after a period of longer-term occupation constitutes a material change of use under s. 25 Greater London (General Powers) Act 1973, permitting enforcement action despite prior lawful use accrual.

Ratio Decidendi

The interruption of continuous use as temporary sleeping accommodation by a period of longer-term occupation, followed by resumption of short-term letting, triggers s. 25 of the 1973 Act, deeming the resumption a material change of use. This allows enforcement action, even if the prior use had become lawful by passage of time, because s. 25 operates as an exception to the general rule on accrued lawful use rights.

Court Disposition

Appeal dismissed

Orders

  • Enforcement notice upheld
  • No immunity from enforcement action for resumed use as temporary sleeping accommodation