© 2013
Case Law Update
Chris Charlton
Chris Charlton, Partner
Clarke Willmott LLP
T: 0845 209 1317
E: christopher.charlton@clarkewillmott.com
W: www.clarkewillmott.com
© 2013
Appeal – Sevenoaks District Council
Reference: APP/G2245/X/12/2178581
Farm Bungalow, Oakdale Lane, Crockham Hill,
Edenbridge
Refusal of LDC for the construction of a
second dwelling under 1964 Planning
Permission where first dwelling had been built
not in accordance with the approved plans
© 2013
Walsall MBC v Secretary of State for
Communities & Local Government
Dartford BC v Secretary of State for
Communities & Local Government
Unreported
Where the High Court have determined that
there is no reasonable prospect of success for
an appeal to the Court of Appeal the Court of
Appeal has no jurisdiction to hear such an
appeal under s16(1) of the Senior Courts Act
1981
© 2013
Westminster City Council v Addbins Ltd
[2012] EWHC 3716 (QB)
Advertisement Regulations injunction
proceedings. The Court refused to strike out
proceedings to commit the director of a
company where he complained he had not
been properly served
© 2013
Williams v Secretary of State for
Communities & Local Government
[2012] EWHC 3466 (Admin)
Appeal upheld. Where a planning permission
did not specify how a barn conversion should
be carried out or how much original building
must be retained it was lawful to demolish and
reconstruct the building
© 2013
Hertfordshire CC v Secretary of State for
Communities and Local Government
[2012] EWCA Civ 1473
Appeal upheld where enforcement notice
alleged intensification of use of a waste
recycling business. Useful discussion of what
constitutes a material change of use by virtue
of intensification
© 2013
Allsop v Derbyshire Dales DC
[2012] EWHC 3562 (Admin)
The service of s 215 notice was inappropriate
where the use of the land was lawful. This was
a case where a s102 notice was more
appropriate
© 2013
Moore v Secretary of State for Communities
and Local Government
[2012] EWCA Civ 1202
Use of a dwelling house for holiday let. Useful
discussion of the characteristics of C3 use
where property also used for holiday
accommodation
© 2013
R (on the application of Save Woolley Valley Action
Group Ltd) v Bath and North East Somerset Council
[2012] EWHC 2161 (Admin)
Creation of a pond and use of mobile poultry
units. LPA failed to properly assess whether
development had taken place under s55 as it
had not taken Directive 85/337into account
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R (on the application of Harbige) v Secretary of State for
Communities and Local Government
[2012] EWHC 1128 (Admin)
A use may change between classes where this
is permitted by the Use Classes Order and
such changes do not constitute development
even where the uses are unlawful. Thus an
immunity might be achieved from enforcement
action where land is used for more than one
purpose provided the changes are permitted by
the Use Classes Order
© 2013
R (on the application of Tait) v Secretary of State for
Communities and Local Government
[2012] EWHC 643 (Admin)
Appeal upheld where an Inspector held a site
visit without the presence of the Appellant
© 2013
Westminster City Council v Secretary of State
for Communities and Local Government
[2013] EWHC 23 (Admin)
Discussion of the requirement to impose
restrictions limiting a Certificate of Lawful Use
© 2013
Thomas v Merthyr Tydfil Car Auction Ltd
[2012] EWHC 2654 (QB)
The grant of permission does not protect a
user of land where a nuisance is caused
© 2013
R (on the application of Lucchetti) v South
Norfolk DC
[2012] EWHC 3557 (Admin)
A tale of woe where a developer sets out to
beat the system. Business use lost where
buildings demolished on green belt land
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And Finally Reigate and Banstead v
Fidler
The saga continues …
– 3 applications for lawful development
certificates
– All appeals dismissed with cost (partial)
© 2013
Questions
© 2013