Ramsey v SOS Environment and Suffolk Coastal DC
Ramsey v SOS Environment and Suffolk Coastal DC
- 1998
- Journal of Planning and Environment Law [1998] JPL 60-70(11) .
QBD 10 January 1997. Planning permission was refused for the permanent use of a site for motorcycle scrambling purposes. As use of the land was evidently taking place, enforcement notices were served alleging a material change of use from agriculture. The use continued, the applicants claiming the benefit of permitted development rights. Following court proceddings to enforce the notices, the applicants informed the court that use had ceased. The land retained the physical features of use on a permanent basis. The applicants maintained that temporary use rights remained despite the enforcement notices but the council disagreed. The applicants applied for a certificate of lawful use under Town and Country Planning Act 1990 s192 for use not exceeding 28 days per calendar year. The certificate was refused. At appeal the inspector claimed that use had been permanent. The applicants appealed to the High Court. Application dismissed.
CERTIFICATE OF LAWFUL USE
CHANGE OF USE
ENFORCEMENT NOTICES
MATERIAL CHANGE OF USE
MOTORCYCLE SCRAMBLING
PERMITTED DEVELOPMENT RIGHTS
PLANNING PERMISSION
TEMPORARY USE
TOWN AND COUNTRY PLANNING ACT 1990
QBD 10 January 1997. Planning permission was refused for the permanent use of a site for motorcycle scrambling purposes. As use of the land was evidently taking place, enforcement notices were served alleging a material change of use from agriculture. The use continued, the applicants claiming the benefit of permitted development rights. Following court proceddings to enforce the notices, the applicants informed the court that use had ceased. The land retained the physical features of use on a permanent basis. The applicants maintained that temporary use rights remained despite the enforcement notices but the council disagreed. The applicants applied for a certificate of lawful use under Town and Country Planning Act 1990 s192 for use not exceeding 28 days per calendar year. The certificate was refused. At appeal the inspector claimed that use had been permanent. The applicants appealed to the High Court. Application dismissed.
CERTIFICATE OF LAWFUL USE
CHANGE OF USE
ENFORCEMENT NOTICES
MATERIAL CHANGE OF USE
MOTORCYCLE SCRAMBLING
PERMITTED DEVELOPMENT RIGHTS
PLANNING PERMISSION
TEMPORARY USE
TOWN AND COUNTRY PLANNING ACT 1990