James Hay Pension Trustees Ltd v First Secretary of State
James Hay Pension Trustees Ltd v First Secretary of State
- 2005
[2005] EWHC 2713 (Admin), 30 November 2005. Considered whether a certificate of lawful use is still valid if it does not follow the form set out in the General Development Procedure Order 1995 Sched 4. South Gloucestershire DC responded to J's application for a certificate of lawful use with a document stating that a planning permission granted in 1965 was not limited to the then owner and that a reference to an old class in the permission was now covered by Class B8. When S subsequently issued an enforcement notice for breach of planning control J argued that the document issued by S constituted a certificate of lawful use and appealed against the enforcement notice. This appeal was rejected. "Held": the appeal was allowed as the document was intended to be a significant planning document and was in a form similar to that required by the Order.
JAMES HAY PENSION TRUSTEES LTD V FIRST SOS AND OTHERS
[2005] EWHC 2713 (Admin), 30 November 2005. Considered whether a certificate of lawful use is still valid if it does not follow the form set out in the General Development Procedure Order 1995 Sched 4. South Gloucestershire DC responded to J's application for a certificate of lawful use with a document stating that a planning permission granted in 1965 was not limited to the then owner and that a reference to an old class in the permission was now covered by Class B8. When S subsequently issued an enforcement notice for breach of planning control J argued that the document issued by S constituted a certificate of lawful use and appealed against the enforcement notice. This appeal was rejected. "Held": the appeal was allowed as the document was intended to be a significant planning document and was in a form similar to that required by the Order.
JAMES HAY PENSION TRUSTEES LTD V FIRST SOS AND OTHERS