000			02361cad a22002295a 4500
001			L147294
008			090427e20090331xxk f v 000 0 eng d
035			_a(Sirsi) u147294
041	0		_aeng
245	0	4	_aPeter Ellis v Secretary of State for Communities and Local Government and Chiltern District Council _h[electronic resource]
260			_c2009
520			_a[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			_aKA
650	2	4	_aPETER ELLIS V SOS FOR COMMUNITIES AND LOCAL GOVERNMENT AND ANOR
650	2	4	_aNICHOLSON V SOS ENVIRONMENT & MALDON DC
650	2	4	_aTOWN AND COUNTRY PLANNING ACT 1990
650	2	4	_aTOWN AND COUNTRY PLANNING ACT 1968
651		4	_aEngland and Wales _y1543-
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-USE REQUIREMENTS
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/Admin/2009/634.html _zView the case free of charge at www.bailli.org...
942			_n0
999			_c81470 _d81470