Robert Fidler v First SoS and Reigate and Banstead BC
Robert Fidler v First SoS and Reigate and Banstead BC
- 2003
- Journal of Planning and Environment Law [2004] JPL 630-653(24) .
[2003] EWHC 2003 (Admin), 1 October 2003. Appellant landowner (F) appealed under the Town and Country Planning Act 1990 s289 from a planning inspector's decision upholding enforcement notices. F also made an application under s288 of the Act challenging the inspector's decision in which he found against F on his application for a certificate of lawful development. The inspector quashed enforcement notices B-G in his preliminary findings but upheld A and I notices. He also refused to allow application for certificate of lawful development. "Held", on appeal that the inspector had erred in holding that notice I was valid within s171B(4)(b), upheld the inspector's rejection of the appeal against notice and approached the material change of use correctly. The decision to reject F's application for a certificate of lawful development was upheld. Appeal allowed in part. View judgment at www.bailii.org.
FIDLER V FIRST SOS AND ANOTHER
ENFORCEMENT NOTICES
CERTIFICATE OF LAWFUL USE
TOWN AND COUNTRY PLANNING ACT 1990 S288
TOWN AND COUNTRY PLANNING ACT 1990 S289
[2003] EWHC 2003 (Admin), 1 October 2003. Appellant landowner (F) appealed under the Town and Country Planning Act 1990 s289 from a planning inspector's decision upholding enforcement notices. F also made an application under s288 of the Act challenging the inspector's decision in which he found against F on his application for a certificate of lawful development. The inspector quashed enforcement notices B-G in his preliminary findings but upheld A and I notices. He also refused to allow application for certificate of lawful development. "Held", on appeal that the inspector had erred in holding that notice I was valid within s171B(4)(b), upheld the inspector's rejection of the appeal against notice and approached the material change of use correctly. The decision to reject F's application for a certificate of lawful development was upheld. Appeal allowed in part. View judgment at www.bailii.org.
FIDLER V FIRST SOS AND ANOTHER
ENFORCEMENT NOTICES
CERTIFICATE OF LAWFUL USE
TOWN AND COUNTRY PLANNING ACT 1990 S288
TOWN AND COUNTRY PLANNING ACT 1990 S289