A council ban on a concrete recycling operation at Slough today won High Court backing in London.
Cecil Wiggins, of Poyle Manor Farm, had asked the court to quash a government inspectors confirmation of a Slough council order barring him from recycling concrete on his farm.
However, Collins J dismissed his challenge, ruling that lawful use could not be continued.
The judge said that Mr Wiggins could have continued the operation on part of the site, but had chosen to apply for planning permission for the whole area. This had been granted on a temporary basis with conditions attached, which had the effect of extinguishing any existing rights created by continuous use for over 10 years.
Wiggins v Secretary of State for the Environment, Transport and the Regions Queens Bench Division (Collins J) 21 December 2000.
Christopher Katkowski QC and David Forsdick (instructed by Blake Lapthorn) appeared for the appellant; Timothy Corner (instructed by the Treasury Solicitor) appeared for the respondent.
PLS News 22/12/00
