Jurisdiction(s):
United Kingdom

Enforcement appeals: inspector must consider alleged intensification as material change of use within ten years - Brent LBC v SoS (TCPA 1990, s 174(2)(d), England and Wales)

Published on: 11 June 2019

Published by a LexisNexis Planning expert

Legal News

Article summary

Brent London Borough Council v Secretary of State for Housing, Communities and Local Government and another [2019] EWHC 1399 (Admin) What are the practical implications of this case?

The decision confirms there is no duty on an inspector, in all appeals against enforcement notices, to go searching to determine whether some additional or alternative breach of planning control, different from that alleged in the notice, has taken place. Nor is there any rule of statutory interpretation requiring an inspector, when deciding such an appeal, to assess whether the use existing ten years before service of the notice had, within the ten-year period ending on the date of service, altered through intensification to such an extent as to amount to a material change of use. That said, where an enforcement notice asserts, or the local planning authority (LPA) that issued it contends, that a use has intensified so markedly as to constitute a material change of use, and that this shift happened within the ten years preceding the notice, the inspector is required to address that question. It is...

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