When does an unlawful change of use become immune from enforcement? (Record no. 68491)

MARC details
000 -LEADER
fixed length control field 01828cam a2200241 4500
001 - CONTROL NUMBER
control field ABS64591
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 011005n2001 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u115010
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Brock, D.
245 ## - TITLE STATEMENT
Title When does an unlawful change of use become immune from enforcement?
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2001
490 ## - SERIES STATEMENT
Series statement Journal of Planning and Environment Law
Volume/sequential designation [2001] JPL, 1153-1155(3)
520 ## - SUMMARY, ETC.
Summary, etc. In 1991 the law on enforcement was reformed by the Planning and Compensation Act . The 1991 Act provided for a new 10 year limitation period. Thus, Town and Country Planning Act 1990 s171B now states that in the case of breaches of planning control "no enforcement action may be taken after the end of the period of 10 years beginning with the date of the breach". For changes of use to a single dwelling house this period is four years. Since the 1991 reforms the generally held view of planning lawyers is that the use need not be continuous, and the breach of planning control is the actual change. Discusses "Thurrock v SoS for Environment", which appears to signal a significant change in the law. The judge held that the use had to be continuous throughout the ten years in order to be immune from enforcement action. Thus, this ruling means that in future it will not be sufficient for appellants and applicants for lawful use certificates to show that the material change of use occurred over 10 years ago. They will now have to demonstrate that it has been continuous since that time.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element THURROCK V SOS ENVIRONMENT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PLANNING AND COMPENSATION ACT 1991
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING ACT 1990 S171(B)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CHANGE OF USE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ENFORCEMENT NOTICE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PLANNING CONTROL
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Planning and development
9 (RLIN) 6259
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 05/10/2001   ABS64591 115010-1001 06/08/2019 1 06/08/2019 Journal article