Peter Ellis v Secretary of State for Communities and Local Government and Chiltern District Council (Record no. 81470)

MARC details
000 -LEADER
fixed length control field 02361cad a22002295a 4500
001 - CONTROL NUMBER
control field L147294
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090427e20090331xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u147294
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 04 - TITLE STATEMENT
Title Peter Ellis v Secretary of State for Communities and Local Government and Chiltern District Council
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2009
520 ## - SUMMARY, ETC.
Summary, etc. [2009] EWHC 634 (Admin), 31 March 2009. The case considers whether a certificate of lawfulness can be delivered when there is a sustained breach of a planning condition but which did not subsist at the date the application was made. Peter Ellis (E) applied to overturn two decisions taken by an inspector in relation to his house. Planning permission was granted for the dwelling in 1961, with the condition that it be occupied only by people employed in agriculture or forestry. The house has been inhabited since then with short periods of inoccupancy and in complete breach of that condition. In a time of inoccupancy, the previous owner applied for a certificate of lawfulness, on the basis that the breach had begun more than 10 years earlier. Chiltern District Council rejected this application and a later application for planning permission which sought to remove the occupancy condition. E appealed against these two rejections. The inspector appointed by the Secretary of State dismissed both appeals. E argued that a certificate of lawfulness should have been granted. "Held": application refused. The inspector had not erred in his application of Nicholson v Secretary of State for the Environment and Maldon District Council case. She had not applied the local plan policy mechanistically. She had expressed that there was no evidence that the area did not need agricultural dwelling and that H had to prove it, what he failed to do. Her reasons were proper.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PETER ELLIS V SOS FOR COMMUNITIES AND LOCAL GOVERNMENT AND ANOR
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NICHOLSON V SOS ENVIRONMENT & MALDON DC
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING ACT 1990
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING ACT 1968
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-USE REQUIREMENTS
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Admin/2009/634.html">https://www.bailii.org/ew/cases/EWHC/Admin/2009/634.html</a>
Public note View the case free of charge at www.bailli.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     Virtual Virtual Online 27/04/2009   ONLINE JUDGMENT 147294-2001 06/08/2019 1 06/08/2019 Law report