Phillips v Secretary of State for Communities & Local Government & Anor

Phillips v Secretary of State for Communities & Local Government & Anor

The inspector was entitled, on the evidence and as a matter of planning judgment, to find that the introduction of vehicle storage and scaffolding storage in or around 2001 constituted a material change of use of the planning unit, interrupting the 10-year period required for lawful use. The inspector gave adequate reasons, applied the correct legal principles, and the appellant failed to discharge the burden of proof. There was no error of law in the inspector's decision.

Parties
Appellant: Paul Eric Phillips; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: South Oxfordshire District Council
Jurisdiction
England and Wales
Judgment Date
20 November 2008
Procedural Posture
Judicial Review / Statutory Appeal / Judgment After Oral Hearing
Outcome
Appeal dismissed
Legal Topics
Lawful Development Certificate, Enforcement Notice, Material Change of Use, Burden of Proof, Ancillary Use, Mixed Use, Adequacy of Reasons
Planning Law Administrative Law Lawful Development Certificate Enforcement Notice Material Change of Use Burden of Proof Ancillary Use Mixed Use +1 more

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Parties

Paul Eric Phillips

Appellant

Secretary of State for Communities and Local Government

First Respondent

South Oxfordshire District Council

Second Respondent

Procedural Posture

Judicial Review / Statutory Appeal / Judgment After Oral Hearing

Legal Issues

  1. 1 Whether the inspector erred in law in finding a material change of use occurred on the site in or around 2001, interrupting the 10-year period required for lawful use under section 191 of the Town and Country Planning Act 1990.
  2. 2 Whether the inspector's findings on vehicle storage and scaffolding storage were irrational or unsupported by evidence.
  3. 3 Whether the inspector failed to give adequate reasons or misapplied the law on ancillary/incidental uses.

Ratio Decidendi

The inspector was entitled, on the evidence and as a matter of planning judgment, to find that the introduction of vehicle storage and scaffolding storage in or around 2001 constituted a material change of use of the planning unit, interrupting the 10-year period required for lawful use. The inspector gave adequate reasons, applied the correct legal principles, and the appellant failed to discharge the burden of proof. There was no error of law in the inspector's decision.

Court Disposition

Appeal dismissed

Orders

  • Application/appeal dismissed
  • Costs summarily assessed at £6,500 payable by the appellant to the first respondent