Hedges v Secretary of State for Housing, Communities and Local Government & Anor [2021] EWHC 2392 (Admin) (27 August 2021)

Hedges v Secretary of State for Housing, Communities and Local Government & Anor [2021] EWHC 2392 (Admin) (27 August 2021)

The inspector was entitled to require evidence of actual use to establish a material change of use for the purposes of immunity from enforcement. The inspector considered all relevant factors, including the presence of facilities, but was entitled to conclude that without evidence of actual use, the impact was de...

Source-derived case information.

Citation
[2021] EWHC 2392 (Admin)
Parties
Appellant: Lesley Anne Hedges; First Respondent: Secretary of State for Housing, Communities and Local Government; Second Respondent: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
27 August 2021
Procedural Posture
Appeal Under Section 289 of the Town and Country Planning Act 1990 / Judgment on Appeal From Planning Inspector's Decision
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Material Change of Use, Permitted Development Rights, Continuous Use, Planning Appeals
Planning Law Administrative Law Enforcement Notice Material Change of Use Permitted Development Rights Continuous Use Planning Appeals

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Parties

Lesley Anne Hedges

Appellant

Secretary of State for Housing, Communities and Local Government

First Respondent

Cornwall Council

Second Respondent

Procedural Posture

Appeal Under Section 289 of the Town and Country Planning Act 1990 / Judgment on Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 Whether the inspector erred in law by requiring evidence of actual use rather than considering all relevant factors in determining material change of use prior to 10 October 2009 for immunity from enforcement under section 171B of the Town and Country Planning Act 1990

Ratio Decidendi

The inspector was entitled to require evidence of actual use to establish a material change of use for the purposes of immunity from enforcement. The inspector considered all relevant factors, including the presence of facilities, but was entitled to conclude that without evidence of actual use, the impact was de minimis and insufficient to establish a material change of use. The authorities cited by the appellant do not displace the requirement for actual use in this context.

Court Disposition

Appeal dismissed

Orders

  • Appeal under section 289 of the Town and Country Planning Act 1990 is dismissed
  • Parties to submit draft order and any consequential submissions within 14 days of hand down