Change of use
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Deakin v First Secretary of State and others
Enforcement notice — Change of use — Stationing of caravans — Inspector upholding enforcement notice on appeal — Inspector accepting use of land agricultural and then asking if caravans in…
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Hammersmatch Properties Ltd v First Secretary of State
Change of use — Leisure facilities — Local planning policy — Availability of alternative sites — Refusal of planning permission — Whether inspector’s decision justified on evidence — Judge finding…
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Fraser and another v Canterbury Diocesan Board of Finance and others
School Sites Act 1841 — Reverter — Whether reverter arising when land ceasing to be used for purpose specified in trust deed — Whether necessary to show cesser of a…
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Waltham Forest London Borough Council v First Secretary of State and another
Development — Material change of use — Claimant local authority refusing planning permission — Second defendant appealing by way of written representations procedure — Whether inspector obliged to order inquiry…
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PP 2004/20
An unlawful use of premises will become immune from enforcement action, and therefore lawful, after 10 years’ uninterrupted use. R (on the application of Fairstate Ltd) v First Secretary of…
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Fidler v First Secretary of State and another
Planning permission — Enforcement notice — Appellant using premises for variety of purposes — Planning authority issuing notices in unsuccessful attempt to identify all uses — Planning authority issuing further…
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R (on the application of Harrow London Borough Council) v First Secretary of State and another
Planning permission — Unitary development plan — Inspector granting planning permission for change of use from retail to mixed use — Whether inspector misinterpreting policy S15 — Whether inspector failing…
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McAdams Homes Ltd v Robinson and another
Appellant possessing easement over respondents’ property — Appellant redeveloping land so as to change nature of its use — Whether radical change in use of land extinguishing easement — Appeal…
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Fraser and another v Canterbury Diocesan Board of Finance and another
Respondents’ predecessor in title donating land on trust to be used as school — Trust deed defining class of pupils to be educated — School educating children from wider class…
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Fidler v First Secretary of State and another
Claimant using premises for wide variety of uses — Third-party planning authority issuing various notices in unsuccessful attempt to identify all uses — Third-party planning authority issuing further notice with…
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London & Argyll Developments Ltd v Mount Cook Land Ltd
Claimant leaseholder applying to landlord for change of use — Landlord refusing — Whether landlord’s consent unreasonably withheld — Claim allowed
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Fraser and another v Canterbury Diocesan Board of Finance and another
Land conveyed to defendants’ predecessor for purpose of school — School’s educational provision failing to conform to wording of conveyance — Whether land reverting to claimants — Schools Sites Act…