Clarke v SoS for the Environment and another
Clarke v SoS for the Environment and another
- 1992
- Estates Gazette 1992 42 EG 100-106(4) .
CA 12 June 1992. Raises the question of whether the inspector had applied the proper test in deciding whether the erection of a building was a permitted development under the General Development Order (GDO) 1988. Appeal by SoS for Environment against the HC decision of 5 July 1991 allowing an appeal by the applicant (C) from a decision by the inspector dismissing his appeal against an enforcement notice issued by M. In 1990, C erected a building on his 40ha of farmland without planning permission. On 9 April 1990, the planning authority M issued an enforcement notice ordering C to remove the unauthorised building and return site to agricultural use. C appealed under s174(2) Town and Country Planning Act 1990. The inspector dismissed C`s appeal on the grounds that the building was not designed for the purposes of agriculture. He also found that C had designed the building with the intention of developing a sheep unit and was satisfied that C was engaged in an agricultural business, ke
AGRICULTURAL USE
GENERAL DEVELOPMENT ORDER 1988
PERMITTED DEVELOPMENT
SHEEP UNIT
CA 12 June 1992. Raises the question of whether the inspector had applied the proper test in deciding whether the erection of a building was a permitted development under the General Development Order (GDO) 1988. Appeal by SoS for Environment against the HC decision of 5 July 1991 allowing an appeal by the applicant (C) from a decision by the inspector dismissing his appeal against an enforcement notice issued by M. In 1990, C erected a building on his 40ha of farmland without planning permission. On 9 April 1990, the planning authority M issued an enforcement notice ordering C to remove the unauthorised building and return site to agricultural use. C appealed under s174(2) Town and Country Planning Act 1990. The inspector dismissed C`s appeal on the grounds that the building was not designed for the purposes of agriculture. He also found that C had designed the building with the intention of developing a sheep unit and was satisfied that C was engaged in an agricultural business, ke
AGRICULTURAL USE
GENERAL DEVELOPMENT ORDER 1988
PERMITTED DEVELOPMENT
SHEEP UNIT