000			02733cam a2200373 4500
001			ABS68459
008			041123n2004 000 0 eng u
035			_a(Sirsi) u128079
245			_aRobert Fidler v First SOS and Reigate and Banstead BC
260			_c2004
490			_aProperty, Planning and Compensation ReportsŒv{2005] 1 P&CR 169-185(16)
520			_a[2004] EWCA Civ 1295, 12 October 2004. Appeal by the owner (F) against enforcement notices requiring the cessation of specific business uses at the appeal site (see also Abs67279). Respondent local authority (R) had served an enforcement notice on F in 1995 in respect of a use, which subsequently ceased, and further notices in 2001/02. The planning inspector on appeal upheld notices requiring the return of two buildings to their original condition and the cessation of all site uses but various agricultural ones. The judge upheld the conclusions save in relation to the start of the 10 year immunity from enforcement period under one of the notices and because of this he remitted the appeals for re-determination. "Held": appeal dismissed. The inspector's conclusions on change of use and the judge's rejection of the appeal on that issue could not be criticised. The inspector had not relied wrongly on intensification as a separate legal test and was fully entitled to hold that there had been a substantial change in character of use in the ten-year period. The judge had rightly deemed that the Town and Country Planning Act 1990 s173(11) only applied to activities included in the description of the breach in the enforcement notice. View judgment at www.courtservice.gov.uk.
590			_aABS
590			_aABS
590			_aABS
650			_aMIXED-USE PREMISES
650			_aB1
650			_aB2 USE CLASS
650			_aB8
650			_aINTENSIFICATION
650			_aTOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1987
650			_aTOWN AND COUNTRY PLANNING ACT 1990 S171B(3)
650			_aTOWN AND COUNTRY PLANNING ACT 1990 S173(11)
650			_aENFORCEMENT NOTICES
650			_aCHANGE OF USE
650			_aSCOTT V SOS ENVIRONMENT
650			_aMALDON DC V HAMMOND
650			_aFIDLER V SOS AND ANOTHER
690			_aPLANNING-PLANNING LAW-CASE LAW
856			_uhttps://www.courtservice.gov.uk/View.do?id=2827&searchTerm=&ascending=&index=80&maxIndex=199 _zView judgment the Court Service website...
856			_uhttps://www.courtservice.gov.uk/View.do?id=2827&searchTerm=&ascending=&index=80&maxIndex=199 _zView judgment the Court Service website...
856			_uhttps://www.courtservice.gov.uk/View.do?id=2827&searchTerm=&ascending=&index=80&maxIndex=199 _zView judgment the Court Service website...
942			_n0
999			_c118350 _d118350