Bromley LBC v SoS for the Environment and Cope
Bromley LBC v SoS for the Environment and Cope
- 1990
- Property and Compensation Reports (1990) 59 PCR 100-116(9) .
QBD 4 May 1989. The second respondent (C) was owner of a building in the Green Belt , originally a coach house later used for garaging. In 1982 he began converting it into a dwelling . The council issued an enforcement notice claiming breach of planning control . An appeal against this was dismissed in July 1986 on the grounds that although conversion of buildings was often desirable, conversion in this case went beyond what was desirable given the property`s location in a conservation area . Three further enforcement notices were issued. An inspector again upheld the decision however the SoS rejected the recommendations and allowed the appeal. The reasons given included the fact that DoE Circular 16/87 attached importance to the re-use of redundant buildings in rural areas including the Green Belt. The applicants contended that the SoS was fundamentally flawed as he had misread policy and placed the burden on the applicants to show that there were planning reasons for not allowing t
QBD 4 May 1989. The second respondent (C) was owner of a building in the Green Belt , originally a coach house later used for garaging. In 1982 he began converting it into a dwelling . The council issued an enforcement notice claiming breach of planning control . An appeal against this was dismissed in July 1986 on the grounds that although conversion of buildings was often desirable, conversion in this case went beyond what was desirable given the property`s location in a conservation area . Three further enforcement notices were issued. An inspector again upheld the decision however the SoS rejected the recommendations and allowed the appeal. The reasons given included the fact that DoE Circular 16/87 attached importance to the re-use of redundant buildings in rural areas including the Green Belt. The applicants contended that the SoS was fundamentally flawed as he had misread policy and placed the burden on the applicants to show that there were planning reasons for not allowing t