R.J Williams Le Roi v SoS for the Environment and Salisbury DC
R.J Williams Le Roi v SoS for the Environment and Salisbury DC
- 1993
- Journal of Planning and Environment Law November 1993, 1033-1049(17) .
QBD 2 February 1993. Enforcement Notice - buildings on agricultural land - whether 1977 or 1988 GDO - whether date when unauthorised development commenced or date of issue of the enforcement notice - whether use of 1977 or 1988 Orders made a material difference - whether land was agricultural land - purposes of a trade or business - relevance of the scale of the activity - application of relevant test by the Inspector - calculation of the o.4 hectare of land - inclusion of separate parcels - issue estoppel - relevance of earlier enforcement appeal decision letter on the issue of agricultural activity - decision in earlier proceedings against the appellant - burden of proof for issue estoppel on respondent - was the enforcement notice vague or imprecise - reference to building or buildings - appeal allowed. (Headnote from Journal.)
AGRICULTURAL BUILDINGS
ENFORCEMENT NOTICES
GENERAL DEVELOPMENT ORDER 1977
GENERAL DEVELOPMENT ORDER 1988
PERMITTED DEVELOPMENT
PLANNING PERMISSION
QBD 2 February 1993. Enforcement Notice - buildings on agricultural land - whether 1977 or 1988 GDO - whether date when unauthorised development commenced or date of issue of the enforcement notice - whether use of 1977 or 1988 Orders made a material difference - whether land was agricultural land - purposes of a trade or business - relevance of the scale of the activity - application of relevant test by the Inspector - calculation of the o.4 hectare of land - inclusion of separate parcels - issue estoppel - relevance of earlier enforcement appeal decision letter on the issue of agricultural activity - decision in earlier proceedings against the appellant - burden of proof for issue estoppel on respondent - was the enforcement notice vague or imprecise - reference to building or buildings - appeal allowed. (Headnote from Journal.)
AGRICULTURAL BUILDINGS
ENFORCEMENT NOTICES
GENERAL DEVELOPMENT ORDER 1977
GENERAL DEVELOPMENT ORDER 1988
PERMITTED DEVELOPMENT
PLANNING PERMISSION