header-logo header-logo

12 March 2010
Issue: 7408 / Categories: Case law , Law digest
printer mail-detail

Town and country planning

Sumner v Secretary of State for Communities and Local Government [2010] EWHC 372 (Admin), 2010] All ER (D) 44 (Mar)

It was neither express nor to be implied in relation to s 191 of the Town and Country Planning Act 1990 that uses and operations, if regarded as lawful for all purposes, were to be equivalent to a planning permission. The word “also” in s 191(7) of the Act could be a reference to its additional effect, namely an effect outside the confines of the Act itself. That would be to give a natural construction to s 191, particularly in the light of s 336, which in defining planning permission did not include s 191.

Section 171B of the 1990 Act drew a distinction between change of use and operational development - that was entirely consistent with the approach of the Act. If an individual chose to erect a building without planning permission intended to be used for a purpose which had no planning permission then inevitably he would run the risk that he would have to remove the building if enforcement action was taken in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll