header-logo header-logo

08 May 2024
Issue: 8070 / Categories: Legal News , Planning
printer mail-detail

Goose House wins ‘change of use’ case

The Court of Appeal has clarified the scope of the Murfitt principle, in a case concerning a bungalow, known as the Goose House, built without planning consent

In Secretary of State for Levelling Up, Housing and Communities v Caldwell and another company [2024] EWCA Civ 467, a Buckinghamshire Council planning inspector had ordered demolition since the construction involved an ‘unauthorised material change of use’ of the land. The owner appealed on the grounds the bungalow was more than four years old so qualified for immunity under the Town and Country Planning Act 1990.

Sir Keith Lindblom, giving the lead judgment, upheld the High Court’s ruling that the order be quashed. ‘In my view the judge’s reasoning was sound,’ he said.

‘She understood the principle in Murfitt, and its limits. Her observation… that the legislation and the relevant authorities indicate a “limitation on the power described in [Murfitt], where the operational development is itself the source of or fundamental to the change of use” captured the essential point.’

Issue: 8070 / Categories: Legal News , Planning
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll