Cases - Guildford Rural District Council v Penny

Record details

Name

Guildford Rural District Council v Penny

Date

[1959]

Citation

2 AII ER 111

Keywords

Planning control

Summary

The appellants increased the number of caravans on a 1.5-acre caravan site from 8 to 27. The justices found that this did not constitute a material change of use. The Divisional Court held that, as a question of fact, the justices were entitled to come to the conclusion they did. Lord Evershed MR observed, however, that intensification may affect a definable character of the land or of its use. He also regarded the consequent impact on local services as relevant:

'It is also, as it seems to me, obvious that increasing intensity of use or occupation may involve a substantial increase in the burden of services which a local authority has to supply, and that in truth might, in some cases at least, be material in considering whether the use of the land has been materially changed.'