Van Dyck v SoS Environment and Southend on Sea BC; Doncaster BC v SOS Environment and Dunhill
Van Dyck v SoS Environment and Southend on Sea BC; Doncaster BC v SOS Environment and Dunhill
- 1993
- Journal of Planning and Environment Law 1993 JPL 565-579(15) .
Single dwelling-houses - subdivision into two more separate dwellings - application of the four year rule - Town and Country Planning Act 1990 s172(4)c) - conflicting High Court decisions - CA held that s172(4)(c) was capable of being construed so to benefit all new separate residences after four years - subsequent consideration of Pepper v Hart - s172(4)(c) ambiguous and obscure, the statements relied on were those of the minister but they lacked clarity and therefore the Parliamentary material had to be set aside.
FOUR YEAR RULE
TOWN AND COUNTRY PLANNING ACT 1990 S172(4)(C)
Single dwelling-houses - subdivision into two more separate dwellings - application of the four year rule - Town and Country Planning Act 1990 s172(4)c) - conflicting High Court decisions - CA held that s172(4)(c) was capable of being construed so to benefit all new separate residences after four years - subsequent consideration of Pepper v Hart - s172(4)(c) ambiguous and obscure, the statements relied on were those of the minister but they lacked clarity and therefore the Parliamentary material had to be set aside.
FOUR YEAR RULE
TOWN AND COUNTRY PLANNING ACT 1990 S172(4)(C)