South Staffordshire DC v SoS Environment and others
South Staffordshire DC v SoS Environment and others
- 1988
- Property and Compensation Reports (1988) 55 PCR 258-276(19) .
QBD 6 April 1987. Second respondents (B) carried on a business from 1941 to 1978 on land owned by the Ministry of Defence. In 1978 B acquired this land. In 1980 the council (S) served an enforcement notice alleging material change of use of the land to warehousing . B appealed and the notice was upheld in relation to the land but allowed in relation to the main warehouse building on the site, which had established use - by the MoD for storing vehicles. B was then granted consent to extend by 15000 sq ft and refurbish this warehouse subject to a condition that use be only for storage purposes within Class X of the Use Classes Order 1972 . Also there should be no storage on any other part of the site. Consent for offices and another warehouse was refused. Subsequently S served enforcement notices on B alleging change of use of the site and a failure to observe the condition. B appealed against refusal of planning permission and against the enforcement notices. The inspector held in fav
QBD 6 April 1987. Second respondents (B) carried on a business from 1941 to 1978 on land owned by the Ministry of Defence. In 1978 B acquired this land. In 1980 the council (S) served an enforcement notice alleging material change of use of the land to warehousing . B appealed and the notice was upheld in relation to the land but allowed in relation to the main warehouse building on the site, which had established use - by the MoD for storing vehicles. B was then granted consent to extend by 15000 sq ft and refurbish this warehouse subject to a condition that use be only for storage purposes within Class X of the Use Classes Order 1972 . Also there should be no storage on any other part of the site. Consent for offices and another warehouse was refused. Subsequently S served enforcement notices on B alleging change of use of the site and a failure to observe the condition. B appealed against refusal of planning permission and against the enforcement notices. The inspector held in fav