Freedman, R (On the Application Of) v Wiltshire Council

Freedman, R (On the Application Of) v Wiltshire Council

The Defendant erred by failing to consider whether, on a balance of probabilities, the land had been used for vehicular parking (not just ancillary parking) for a continuous period of 10 years or more, and by aggregating periods of different uses. The certificate of lawful use must be quashed.

Parties
Claimant: Cyril Freedman; Defendant: Wiltshire Council; Interested Party: Peter Crocker
Jurisdiction
England and Wales
Judgment Date
06 February 2014
Procedural Posture
Judicial Review / Judgment
Outcome
Claim for judicial review allowed; certificate of lawful use quashed.
Legal Topics
Certificate of Lawfulness, Material Change of Use, Section 191 Town and Country Planning Act 1990, Judicial Review Procedure
Planning Law Administrative Law Certificate of Lawfulness Material Change of Use Section 191 Town and Country Planning Act 1990 Judicial Review Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Cyril Freedman

Claimant

Wiltshire Council

Defendant

Peter Crocker

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the local planning authority can substitute a different use description under section 191(4) of the Town and Country Planning Act 1990
  2. 2 Whether the authority erred by aggregating periods of different uses to establish 10 years continuous use for vehicular parking

Ratio Decidendi

The Defendant erred by failing to consider whether, on a balance of probabilities, the land had been used for vehicular parking (not just ancillary parking) for a continuous period of 10 years or more, and by aggregating periods of different uses. The certificate of lawful use must be quashed.

Court Disposition

Claim for judicial review allowed; certificate of lawful use quashed.

Orders

  • The certificate of lawful use granted on 30 July 2013 is quashed.
  • The Defendant must reconsider the application in accordance with the correct legal approach.