000 01777cab a2200205 4500
001 L136323
008 070125n2006 000 0 eng u
035 _a(Sirsi) u136323
041 0 _aeng
245 0 0 _aJames Hay Pension Trustees Ltd v. First Secretary of State and others
_h[electronic resource]
260 _c2006
520 _a[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 s192. Decades earlier, planning permission had been granted to the site for change of use to a garage and store subject to conditions that included a restriction on the building being used for any purpose within the Town and Country Planning (Use Classes) Order 1963 Class X other than with consent. The local authority issued a document stating that the original planning permission granted decades before was not personal to the previous occupier. "Held": it was decided that the document was not in the form prescribed by Sch.4 of the 1995 Order and the document did not on its face purport to certify what use was lawful and there was a failure to comply with Art.24 of the 1995 Order so the appeal was allowed.
650 2 4 _aJAMES HAY PENSION TRUSTEES LTD V FIRST SOS AND OTHERS
650 2 4 _aTOWN AND COUNTRY PLANNING ACT 1990 S192
650 2 4 _aTOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995
651 4 _aEngland
_y886-
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-USE REQUIREMENTS
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/1387.html
_zView the decision free of charge at www.bailii.org...
942 _n0
999 _c78246
_d78246