QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT||Defendant|
WordWave International Limited
A Merrill Communications Company
165 Fleet Street London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
Mr J Strachan and Mr J Auburn (instructed by Treasury Solicitor) appeared on behalf of the Defendant
Crown Copyright ©
"(2) The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land -
(f) in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose of the same class."
"In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of 10 years beginning with the date of breach."
"For the purposes of this Act, uses and operations are lawful at any time, if -
(a) no enforcement action may then be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason: ... )"
"29. The evidence is compelling that notwithstanding the various changes of occupier from September 1998, the activities throughout have been within Class D1. It is also the case that the use has not been the same for any continuous ten year period from December 1993. There have been changes of use in September 2003 and July 2009. It is also possible that the cessation of the nursery use in March 2005 represented a material change in the character of the mixed use. Thus this ground of appeal turns on whether the changes in use which have occurred benefit from the provisions of the Use Classes Order so as not to be development under the 1990 Act and therefore are outside planning control."