Hertfordshire County Council v Secretary of State for Communities and Local Government & Anor

Hertfordshire County Council v Secretary of State for Communities and Local Government & Anor

The appeal was dismissed because the Inspector was entitled to conclude, as a matter of fact and degree, that the increase in throughput and associated effects did not result in a material change in the definable character of the use of the land. The Enforcement Notice relied solely on throughput, and the Council could not introduce new grounds at this stage. The Inspector's findings were reasonable and lawful.

Parties
Appellant: Hertfordshire County Council; First Respondent: The Secretary of State for Communities and Local Government; Second Respondent: Metal and Waste Recycling Limited
Jurisdiction
England and Wales
Judgment Date
15 November 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Material Change of Use, Enforcement Notices, Planning Permission, Intensification of Use
Planning Law Administrative Law Material Change of Use Enforcement Notices Planning Permission Intensification of Use

Case Brief

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Parties

Hertfordshire County Council

Appellant

The Secretary of State for Communities and Local Government

First Respondent

Metal and Waste Recycling Limited

Second Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an increase in throughput and associated effects constituted a material change of use (MCU) under the Town and Country Planning Act 1990
  2. 2 Whether the Inspector and judge erred in law in finding no breach of planning control
  3. 3 Whether factors beyond throughput, such as explosions and early morning HGV movements, could be relied upon

Ratio Decidendi

The appeal was dismissed because the Inspector was entitled to conclude, as a matter of fact and degree, that the increase in throughput and associated effects did not result in a material change in the definable character of the use of the land. The Enforcement Notice relied solely on throughput, and the Council could not introduce new grounds at this stage. The Inspector's findings were reasonable and lawful.

Court Disposition

Appeal dismissed