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Robert Fidler v First SOS and Reigate and Banstead BC

Series: Property, Planning and Compensation ReportsÅ’v{2005] 1 P&CR 169-185(16)Publication details: 2004Subject(s): Online resources: Summary: [2004] EWCA Civ 1295, 12 October 2004. Appeal by the owner (F) against enforcement notices requiring the cessation of specific business uses at the appeal site (see also Abs67279). Respondent local authority (R) had served an enforcement notice on F in 1995 in respect of a use, which subsequently ceased, and further notices in 2001/02. The planning inspector on appeal upheld notices requiring the return of two buildings to their original condition and the cessation of all site uses but various agricultural ones. The judge upheld the conclusions save in relation to the start of the 10 year immunity from enforcement period under one of the notices and because of this he remitted the appeals for re-determination. "Held": appeal dismissed. The inspector's conclusions on change of use and the judge's rejection of the appeal on that issue could not be criticised. The inspector had not relied wrongly on intensification as a separate legal test and was fully entitled to hold that there had been a substantial change in character of use in the ten-year period. The judge had rightly deemed that the Town and Country Planning Act 1990 s173(11) only applied to activities included in the description of the breach in the enforcement notice. View judgment at www.courtservice.gov.uk.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS68459 (Browse shelf(Opens below)) 1 Available 128079-1001
Law report Virtual Online ONLINE (Browse shelf(Opens below)) 1 Available 128079-2001

[2004] EWCA Civ 1295, 12 October 2004. Appeal by the owner (F) against enforcement notices requiring the cessation of specific business uses at the appeal site (see also Abs67279). Respondent local authority (R) had served an enforcement notice on F in 1995 in respect of a use, which subsequently ceased, and further notices in 2001/02. The planning inspector on appeal upheld notices requiring the return of two buildings to their original condition and the cessation of all site uses but various agricultural ones. The judge upheld the conclusions save in relation to the start of the 10 year immunity from enforcement period under one of the notices and because of this he remitted the appeals for re-determination. "Held": appeal dismissed. The inspector's conclusions on change of use and the judge's rejection of the appeal on that issue could not be criticised. The inspector had not relied wrongly on intensification as a separate legal test and was fully entitled to hold that there had been a substantial change in character of use in the ten-year period. The judge had rightly deemed that the Town and Country Planning Act 1990 s173(11) only applied to activities included in the description of the breach in the enforcement notice. View judgment at www.courtservice.gov.uk.