First Secretary of State v Arun District Council and Brown
First Secretary of State v Arun District Council and Brown
- 2006
[2006] EWCA Civ 1172, 10 August 2006. In 1988 A had granted planning permission to B for an extension to house a dependent relative. One of the conditions of the permission was that if vacated by the relative, the extension was not to be used as independent living accommodation. In 1996, B let the accommodation to students for use as independent residential accommodation. In 2004 A served an enforcement notice on B relating to the breach of the condition. B appealed against the notice and an inspector ruled that the notice was out of time as the breach was within the Town and Country Planning Act 1990 s171B(2), for which the time limit for enforcement action is four years. A appealed and the decision was reversed on the grounds that the breach came under s171B(3), for which the time limit is ten years. SoS appealed. "Held": The appeal was allowed, since the change of use to independent living accommodation was a change of use to use as a single dwellinghouse and as such came under s171B(2), for which the time limit for enforcement action was four years.
FIRST SOS V ARUN DISTRICT COUNCIL AND BROWN
TOWN AND COUNTRY PLANNING ACT 1990 S171(B)
England and Wales--1543-
[2006] EWCA Civ 1172, 10 August 2006. In 1988 A had granted planning permission to B for an extension to house a dependent relative. One of the conditions of the permission was that if vacated by the relative, the extension was not to be used as independent living accommodation. In 1996, B let the accommodation to students for use as independent residential accommodation. In 2004 A served an enforcement notice on B relating to the breach of the condition. B appealed against the notice and an inspector ruled that the notice was out of time as the breach was within the Town and Country Planning Act 1990 s171B(2), for which the time limit for enforcement action is four years. A appealed and the decision was reversed on the grounds that the breach came under s171B(3), for which the time limit is ten years. SoS appealed. "Held": The appeal was allowed, since the change of use to independent living accommodation was a change of use to use as a single dwellinghouse and as such came under s171B(2), for which the time limit for enforcement action was four years.
FIRST SOS V ARUN DISTRICT COUNCIL AND BROWN
TOWN AND COUNTRY PLANNING ACT 1990 S171(B)
England and Wales--1543-