Jacques Amand Ltd v SOS Environment and Harrow LBC
Language: English Series: Property and Compensation Reports ; (1994) 67 P&CR 192-198(7)Publication details: 1994Subject(s): Summary: QBD 15 June 1993. H issued an enforcement notice against J alleging breach of planning control in retention of a single storey lean-to structure at a nursery. J appealed. H and J agreed that the main use of the site was for horticulture. The Inspector held that the main use was wholesale distribution of bulbs and he would need to ask for special circumstances before considering it appropriate to grant consent in the Green Belt. J challenged this on the grounds that the inspector had raised a new issue of fact. He was in error by failing to make reference to a decision by another inspector on a neighbouring site held to be for horticultural use. Application dismissed; H`s agreement with J on use of the site did not bind the inspector who had explained clearly why he found the primary use of the site not to be horticultural.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS50938 (Browse shelf(Opens below)) | 1 | Available | 2402-1001 |
QBD 15 June 1993. H issued an enforcement notice against J alleging breach of planning control in retention of a single storey lean-to structure at a nursery. J appealed. H and J agreed that the main use of the site was for horticulture. The Inspector held that the main use was wholesale distribution of bulbs and he would need to ask for special circumstances before considering it appropriate to grant consent in the Green Belt. J challenged this on the grounds that the inspector had raised a new issue of fact. He was in error by failing to make reference to a decision by another inspector on a neighbouring site held to be for horticultural use. Application dismissed; H`s agreement with J on use of the site did not bind the inspector who had explained clearly why he found the primary use of the site not to be horticultural.