Phillips v Secretary of State for Communities & Local Government & Anor [2008] EWHC 3117 (Admin) (20 November 2008)

Phillips v Secretary of State for Communities & Local Government & Anor [2008] EWHC 3117 (Admin) (20 November 2008)

The inspector was entitled, on the evidence, to find that the introduction of vehicle storage and scaffolding storage constituted material changes of use interrupting the relevant 10-year period, and the appellant failed to discharge the burden of proof required for a lawful development certificate. The inspector's reasoning was adequate and lawful.

Citation
[2008] EWHC 3117 (Admin)
Parties
Appellant: Paul Eric Phillips; First Respondent: The 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 and Statutory Appeal / High Court Judgment Following Oral Argument
Outcome
Appeal dismissed
Legal Topics
Lawful Development Certificates, Enforcement Notice Appeals, Material Change of Use, Burden of Proof in Planning Appeals, Adequacy of Reasons in Administrative Decisions
Planning Law Administrative Law Lawful Development Certificates Enforcement Notice Appeals Material Change of Use Burden of Proof in Planning Appeals Adequacy of Reasons in Administrative Decisions

Case Brief

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Parties

Paul Eric Phillips

Appellant

The Secretary of State for Communities and Local Government

First Respondent

South Oxfordshire District Council

Second Respondent

Procedural Posture

Judicial Review and Statutory Appeal / High Court Judgment Following Oral Argument

Legal Issues

  1. 1 Whether a material change of use occurred on the site within the relevant 10-year period, interrupting the continuity required for a lawful development certificate
  2. 2 Whether the inspector erred in law in finding that vehicle storage and scaffolding storage constituted material changes of use
  3. 3 Whether the inspector gave adequate reasons and properly applied the burden of proof

Ratio Decidendi

The inspector was entitled, on the evidence, to find that the introduction of vehicle storage and scaffolding storage constituted material changes of use interrupting the relevant 10-year period, and the appellant failed to discharge the burden of proof required for a lawful development certificate. The inspector's reasoning was adequate and lawful.

Court Disposition

Appeal dismissed

Orders

  • Application/appeal dismissed
  • Appellant ordered to pay costs to the first respondent, summarily assessed at £6,500