Archive for the 'change of use' Category

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2011] UKSC15; [2011] WLR (D) 125

“It was contrary to public policy that a person who had obtained planning permission for the building of a barn, but who had throughout intended to and did build a dwelling house disguised as a barn, and who had by deception concealed his breach of planning permission for four years from the planning authorities, should be able to invoke the immunity from enforcement action which was available under section 171B of the Town and Country Planning Act 1990.”

WLR Daily, 6th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Property planning rules to soften – BBC News

“Measures to make it easier for firms in England to convert commercial property into private dwellings are to be announced by the government in the Budget, the BBC has learned.”

Full story

BBC News, 19th March 2011

Source: www.bbc.co.uk

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26; [2010] WLR (D) 19

“Where planning permission had been granted for the erection of a building for storing agricultural products but the building after erection had been used only as a single dwellinghouse, there had been a change of use of the building to that of a dwellinghouse for the purposes of s 171B(2) of the Town and Country Planning Act 1990, and accordingly no enforcement action could be taken after the expiry of a 4–year period.”

WLR Daily, 2nd February 2010

Source: www.lawreports.co.uk

Barnett v Secretary of State for Communities and Local Government and Another – Times Law Reports

Barnett v Secretary of State for Communities and Local Government and Another

Court of Appeal

“Where full planning permission had been granted for the construction of buildings, the grant approved the application plans and drawings unless the permission expressly stated otherwise. The general rule in construing permissions to have regard only to the permission unless the ancillary plans and drawings had been expressly incorporated, applied only to outline planning permission.”

The Times, 30th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Barnett v Secretary of State for Communities and Local Government and another – WLR Daily

Barnett v Secretary of State for Communities and Local Government and another; [2009] WLR(D) 107

The general rule in construing planning permission which was clear and unambiguous, to have regard only to the permission unless the planning application had been expressly incorporated, applied to outline planning permission. Where full planning permission was granted for the construction of buildings, the grant approved the application plans and drawings unless the grant expressly stated otherwise.”

WLR Daily, 24th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same – WLR Daily

Canterbury City Council v Secretary of State for Communities and Local Government; Green v Same [2009] WLR (D) 103

When planning permission was granted for a change of use, a condition could be imposed which would have the effect of regulating the permission in order to control any future expansion of the use by way of intensification, and only if such a condition allowed intensification to the extent of there being a material change of use would it be unlawful; nor did the use of the term ‘static’ caravan render a condition void for uncertainty or contrary to the Secretary of State’s policy.

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.


August 2017
M T W T F S S
« May    
 123456
78910111213
14151617181920
21222324252627
28293031  

Categories