Ramsey v SOS Environment and Suffolk Coastal DC
Language: English Series: Journal of Planning and Environment Law ; [1998] JPL 60-70(11)Publication details: 1998Subject(s): Summary: QBD 10 January 1997. Planning permission was refused for the permanent use of a site for motorcycle scrambling purposes. As use of the land was evidently taking place, enforcement notices were served alleging a material change of use from agriculture. The use continued, the applicants claiming the benefit of permitted development rights. Following court proceddings to enforce the notices, the applicants informed the court that use had ceased. The land retained the physical features of use on a permanent basis. The applicants maintained that temporary use rights remained despite the enforcement notices but the council disagreed. The applicants applied for a certificate of lawful use under Town and Country Planning Act 1990 s192 for use not exceeding 28 days per calendar year. The certificate was refused. At appeal the inspector claimed that use had been permanent. The applicants appealed to the High Court. Application dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | X83466 (Browse shelf(Opens below)) | 1 | Available | 83466-1001 |
QBD 10 January 1997. Planning permission was refused for the permanent use of a site for motorcycle scrambling purposes. As use of the land was evidently taking place, enforcement notices were served alleging a material change of use from agriculture. The use continued, the applicants claiming the benefit of permitted development rights. Following court proceddings to enforce the notices, the applicants informed the court that use had ceased. The land retained the physical features of use on a permanent basis. The applicants maintained that temporary use rights remained despite the enforcement notices but the council disagreed. The applicants applied for a certificate of lawful use under Town and Country Planning Act 1990 s192 for use not exceeding 28 days per calendar year. The certificate was refused. At appeal the inspector claimed that use had been permanent. The applicants appealed to the High Court. Application dismissed.