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Town and country planning – Enforcement notice. The appellant appealed against the decision of an inspector appointed by the first respondent Secretary of State, dismissing his appeal against an enforcement notice issued by the second respondent local planning authority. The Planning Court held that the decision could not stand insofar as it had concluded that there had been an intensification having amounted to material change of use, as there had been a defect of natural justice. However, the inspector had not erred in considering the commencement of the existing use, the issue of a further certificate and he had not breached the doctrine that an enforcement notice could not lawfully remove existing lawful uses.
Town and country planning – Enforcement notice. The appellant appealed against the decision of an inspector appointed by the first respondent Secretary of State, dismissing his appeal against an enforcement notice issued by the second respondent local planning authority. The Planning Court held that the decision could not stand insofar as it had concluded that there had been an intensification having amounted to material change of use, as there had been a defect of natural justice. However, the inspector had not erred in considering the commencement of the existing use, the issue of a further certificate and he had not breached the doctrine that an enforcement notice could not lawfully remove existing lawful uses.
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