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Cawley v SoS Environment

Language: English Series: Property and Compensation Reports ; (1990) 60 PCR 492-497(6)Publication details: 1990Subject(s): Summary: QBD 21 February 1990 Application by Cawley (C) to remit matter to SOS for rehearing and determination under Town and County Planning Act 1971 s246 , on the ground that there was an error of law by the inspector in his finding that C required planning permission for the sale and storage of caravans on his land . The inspector had dismissed C`s appeal against an enforcement notice alleging an unauthorised material change of use of the land from use in connection with a garden centre to use for the sale of caravans. C contended that by virtue of an earlier planning permission granted in 1973 permitting the use of land for the storage, display and sale of garden accessories, that use and the present use both fell within Class A1 of Use Classes Order 1987 . Accordingly, there had been no development . QBD held, dismissing the appeal, that the heading in the 1987 Order at Class A1 is " shops ", the court had to have regard to the word "shops" and "shops" refers to buildings. The uses set o
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Law report London Journal article ABS44001 (Browse shelf(Opens below)) 1 Available 44676-1001

QBD 21 February 1990 Application by Cawley (C) to remit matter to SOS for rehearing and determination under Town and County Planning Act 1971 s246 , on the ground that there was an error of law by the inspector in his finding that C required planning permission for the sale and storage of caravans on his land . The inspector had dismissed C`s appeal against an enforcement notice alleging an unauthorised material change of use of the land from use in connection with a garden centre to use for the sale of caravans. C contended that by virtue of an earlier planning permission granted in 1973 permitting the use of land for the storage, display and sale of garden accessories, that use and the present use both fell within Class A1 of Use Classes Order 1987 . Accordingly, there had been no development . QBD held, dismissing the appeal, that the heading in the 1987 Order at Class A1 is " shops ", the court had to have regard to the word "shops" and "shops" refers to buildings. The uses set o