JL Engineering and another v SoS Environment and another
JL Engineering and another v SoS Environment and another
- 1994
- Property and Compensation Reports (1994) 68 PCR 504-519(16) .
CA 16 June 1994. J occupied an engineering works and in 1988 purchased an adjoining site in green belt which they hard covered and used for storage. This land had already been used for this purpose from 1942-1972. In 1990 the planning authority served enforcement notices alleging a material change of use from agricultural to engineering related storage and operational development. J appealed. Between closure of the inquiry and the issue of the decision letter it came to light that in 1948 permission had been granted for the extraction of clay from a site adjoining the appeal site. J had sought to register this with the mineral planning authority under Planning and Compensation Act 1991. The Inspector considered that this fresh evidence did not affect his decision. Appeal dismissed and the 1948 permission was registered. An appeal to HC was dismissed so J appealed to CA on the grounds that the change of use did not constitute a breach of planning control and that the Inspector had wro
AGRICULTURAL USE
CHANGE OF USE
ENFORCEMENT NOTICES
ESTABLISHED USE
EXISTING USE RIGHTS
INDUSTRIAL USE
JL ENGINEERING AND ANOTHER V SOS ENVIRONMENT
MINERALS PERMISSION
PLANNING AND COMPENSATION ACT 1991
POST-INQUIRY EVIDENCE
TOWN AND COUNTRY PLANNING ACT 1990 S55
CA 16 June 1994. J occupied an engineering works and in 1988 purchased an adjoining site in green belt which they hard covered and used for storage. This land had already been used for this purpose from 1942-1972. In 1990 the planning authority served enforcement notices alleging a material change of use from agricultural to engineering related storage and operational development. J appealed. Between closure of the inquiry and the issue of the decision letter it came to light that in 1948 permission had been granted for the extraction of clay from a site adjoining the appeal site. J had sought to register this with the mineral planning authority under Planning and Compensation Act 1991. The Inspector considered that this fresh evidence did not affect his decision. Appeal dismissed and the 1948 permission was registered. An appeal to HC was dismissed so J appealed to CA on the grounds that the change of use did not constitute a breach of planning control and that the Inspector had wro
AGRICULTURAL USE
CHANGE OF USE
ENFORCEMENT NOTICES
ESTABLISHED USE
EXISTING USE RIGHTS
INDUSTRIAL USE
JL ENGINEERING AND ANOTHER V SOS ENVIRONMENT
MINERALS PERMISSION
PLANNING AND COMPENSATION ACT 1991
POST-INQUIRY EVIDENCE
TOWN AND COUNTRY PLANNING ACT 1990 S55