000 01532cab a2200193 4500
001 ABS39377
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u16242
041 _aeng
245 _aFairchild v SoS for the Environment and Eastleigh BC
260 _c1988
350 _a0
490 _aJournal of Planning and Environment Law
_v(1988) JPL 472-476(5)
520 _aQBD 2 December 1987. Appeal by F against decision of Inspector (I) who upheld enforcement notice s served on F. The notices related to a building and portakabin erected without planning permission . F sought to have the refusal of consent quashed and notices remitted for quashing. Site formerly used for sawing logs; F claimed that although the use had ceased, it had not been abandoned and he had a right to resume it. I concluded that 1) even if F did have the right to resume use of the land for sawing logs, that was not justification for F`s development and 2) the right to revert had been abandoned. SoS conceded that I`s approach had been erroneous but claimed that the decision in Young v SoS for the Environment , HL 27 July 1983, see Abstract 31800, should be followed. In that case it was considered that the Inspector`s approach had been erroneous but nevertheless he could, and should, have reached the same conclusion by a different route. QBD did not agree with that submission and
650 _aTOWN AND COUNTRY PLANNING ACT 1971 S23
690 _aPLANNING LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c10675
_d10675