Shephard and Love v SoS for the Environment and Ashford BC
Shephard and Love v SoS for the Environment and Ashford BC
- 1992
- Journal of Planning and Environment Law 1992 JPL 827-832(6) .
QBD 5 November 1991. Appellants Shephard (S) and Love (L) appealed to the High Court under Town and Country Planning Act 1990 s289 against enforcement notices alleging material change of use to a leisure plot. The land in question had been used for exercising and training horses for family use by previous owners. The present owners i.e the appellants continued to use the land for this purpose from 1974 until 1983. Thereafter, two caravans and huts were placed on the land for the two families use at weekends and holiday periods. H argued that the equestian and leisure plot use were both leisure plot activities and therefore a change of use had not taken place. The `Mansi` principle and "Murfitt v SOS" were considered. Held that the Inspector had applied the Murfitt principle correctly. Appeal failed.
ENFORCEMENT NOTICES
EQUESTIAN ACTIVITY
LEISURE PLOT
MANSI PRINCIPLE
MATERIAL CHANGE OF USE
MURFITT V SOS
QBD 5 November 1991. Appellants Shephard (S) and Love (L) appealed to the High Court under Town and Country Planning Act 1990 s289 against enforcement notices alleging material change of use to a leisure plot. The land in question had been used for exercising and training horses for family use by previous owners. The present owners i.e the appellants continued to use the land for this purpose from 1974 until 1983. Thereafter, two caravans and huts were placed on the land for the two families use at weekends and holiday periods. H argued that the equestian and leisure plot use were both leisure plot activities and therefore a change of use had not taken place. The `Mansi` principle and "Murfitt v SOS" were considered. Held that the Inspector had applied the Murfitt principle correctly. Appeal failed.
ENFORCEMENT NOTICES
EQUESTIAN ACTIVITY
LEISURE PLOT
MANSI PRINCIPLE
MATERIAL CHANGE OF USE
MURFITT V SOS