Stone & Anor v Secretary of State for Communities And Local Government & Anor [2014] EWHC 1456 (Admin) (12 May 2014)

Stone & Anor v Secretary of State for Communities And Local Government & Anor [2014] EWHC 1456 (Admin) (12 May 2014)

The Inspector was entitled to find, as a matter of fact and degree, that the creation of new planning units and a material change of use in Area D extinguished the previous planning permission for mixed residential and vehicle storage use. Section 57(4) of the 1990 Act did not entitle the appellants to revert to the previous use, as the relevant planning unit had changed and the land subject to the enforcement notice was not the same as that covered by the earlier permission.

Citation
[2014] EWHC 1456 (Admin)
Parties
Appellant: John Emilyn Stone; Appellant: James Emilyn Stone; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
12 May 2014
Procedural Posture
Planning Appeal (statutory Review) / High Court (queen's Bench Division, Administrative Court)
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Planning Unit, Material Change of Use, Lawful Use Rights, Section 173(11) Town and Country Planning Act 1990, Section 57(4) Town and Country Planning Act 1990
Planning Law Administrative Law Enforcement Notice Planning Unit Material Change of Use Lawful Use Rights Section 173(11) Town and Country Planning Act 1990 Section 57(4) Town and Country Planning Act 1990

Case Brief

Summary, issues, holding and outcome

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Parties

John Emilyn Stone

Appellant

James Emilyn Stone

Appellant

Secretary of State for Communities and Local Government

First Respondent

Cornwall Council

Second Respondent

Procedural Posture

Planning Appeal (statutory Review) / High Court (queen's Bench Division, Administrative Court)

Legal Issues

  1. 1 Whether the Inspector erred in concluding that planning permission for mixed use of Area D was extinguished by creation of new planning units
  2. 2 Whether the Inspector failed to amend the enforcement notice to preserve the right to revert to the lawful use of Area D

Ratio Decidendi

The Inspector was entitled to find, as a matter of fact and degree, that the creation of new planning units and a material change of use in Area D extinguished the previous planning permission for mixed residential and vehicle storage use. Section 57(4) of the 1990 Act did not entitle the appellants to revert to the previous use, as the relevant planning unit had changed and the land subject to the enforcement notice was not the same as that covered by the earlier permission.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; enforcement notice upheld as varied by the Inspector; no amendment to the notice required in respect of Area D.