James Hay Pensions Trust v First Secretary of State and ors (Record no. 78153)

MARC details
000 -LEADER
fixed length control field 02317cab a2200229 4500
001 - CONTROL NUMBER
control field L136142
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070115n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u136142
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title James Hay Pensions Trust v First Secretary of State and ors
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWCA Civ 1387, 26 October 2006. The appellant secretary of state appealed against a decision that a planning document issued by a local authority was a certificate of lawful use of proposed development under the Town and Country Planning Act 1990 s.192 since it was "substantially to the like effect" as the form set out in the Town and Country Planning (General Development Procedure) Order 1995 Sch.4. Decades earlier, planning permission had been granted to the site for change of use to a garage and store. The respondent applied for a certificate of lawfulness for an existing use on the basis that the site had benefited from an extant grant of planning permission. The local authority issued a document stating that the original planning permission granted decades before was not personal to the previous occupier, and that the store and Class X use referred to therein was now covered by reference to storage in the Use Class B8. The respondent argued that that document was "substantially to the like effect" as a certificate of lawful use under s.192 of the 1990 Act. A planning inspector held that the document merely responded to specific questions and was not, therefore, an s.192 certificate. "Held": The document was not in the form prescribed by Sch.4 of the 1995 Order. The document did not on its face purport to certify that any and if so what use was lawful. It was not clear that the local authority had satisfied itself, as it had to be satisfied pursuant to s.192(2) of the Act.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element JAMES HAY PENSION TRUSTEES LTD v FIRST SECRETARY OF STATE & ORS 2006
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element JAMES HAY PENSION TRUSTEES LTD V FIRST SOS AND OTHERS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING ACT 1990 S192
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name United Kingdom
Chronological subdivision
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/TCC/2006/2520.html">https://www.bailii.org/ew/cases/EWHC/TCC/2006/2520.html</a>
Public note View the item free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     Virtual Virtual Online 15/01/2007   ONLINE PUBLICATION 136142-2001 06/08/2019 1 06/08/2019 Law report