Fairstate Ltd. v First Secretary of State & Anor

Fairstate Ltd. v First Secretary of State & Anor

The resumption of use as temporary sleeping accommodation after an intervening period of longer-term occupation constitutes a material change of use under s.25 of the Greater London (General Powers) Act 1973, even if prior use had become lawful by passage of time. The break in continuity triggers s.25, and enforcement action is not precluded by prior lawful use rights.

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
Civil Appeal / Judgment on Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Enforcement Notice, Material Change of Use, Temporary Sleeping Accommodation, Greater London (general Powers) Act 1973, Town and Country Planning Act 1990, Lawful Use, Immunity From Enforcement
Planning Law Administrative Law Enforcement Notice Material Change of Use Temporary Sleeping Accommodation Greater London (general Powers) Act 1973 Town and Country Planning Act 1990 Lawful Use +1 more

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Parties

Fairstate Ltd.

Appellant

First Secretary of State

1st Respondent

Westminster City Council

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether resumption of use as temporary sleeping accommodation after an intervening period of longer-term occupation constitutes a material change of use under s.25 of the Greater London (General Powers) Act 1973, triggering enforcement action despite prior lawful use rights.
  2. 2 Whether accrued lawful use rights for temporary sleeping accommodation are lost absent abandonment or a material change of use.

Ratio Decidendi

The resumption of use as temporary sleeping accommodation after an intervening period of longer-term occupation constitutes a material change of use under s.25 of the Greater London (General Powers) Act 1973, even if prior use had become lawful by passage of time. The break in continuity triggers s.25, and enforcement action is not precluded by prior lawful use rights.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; enforcement notice upheld.