Bromley LBC v SoS Environment and J P Whelan & Sons (Construction) Ltd
Bromley LBC v SoS Environment and J P Whelan & Sons (Construction) Ltd
- 1994
- Journal of Planning and Environment Law (1994) JPL 1095-1103(5) .
QBD 13 January 1994. Redundant agricultural buildings- use of yard- application of PPG2 guidance on redundant buildings- application of Pehrsson - first case to address re-use of redundant buildings and adjacent land- paragraph 16 of PPG2 did not refer to the carrying on of a primary use on open land no matter whether the land was adjacent to a redundant building or not- was required to be `a use appropriate to a rural area` within the meaning of para 13- Inspector wrong in treating Pehrsson as if it determined what the PPG2 advice was with respect to land outside redundant buildings- the Inspector had made his decision about the building without regard to the open land. Appeal allowed.
BROMLEY LBC V SOS ENVIRONMENT AND J P WHELAN & SONS
PLANNING POLICY GUIDANCE NOTE 2 (GREEN BELTS)
REDUNDANT BUILDINGS
TOWN AND COUNTRY PLANNING ACT 1990 S289
QBD 13 January 1994. Redundant agricultural buildings- use of yard- application of PPG2 guidance on redundant buildings- application of Pehrsson - first case to address re-use of redundant buildings and adjacent land- paragraph 16 of PPG2 did not refer to the carrying on of a primary use on open land no matter whether the land was adjacent to a redundant building or not- was required to be `a use appropriate to a rural area` within the meaning of para 13- Inspector wrong in treating Pehrsson as if it determined what the PPG2 advice was with respect to land outside redundant buildings- the Inspector had made his decision about the building without regard to the open land. Appeal allowed.
BROMLEY LBC V SOS ENVIRONMENT AND J P WHELAN & SONS
PLANNING POLICY GUIDANCE NOTE 2 (GREEN BELTS)
REDUNDANT BUILDINGS
TOWN AND COUNTRY PLANNING ACT 1990 S289