Cases - Hartley v Minister of Housing and Local Government

Record details

Name

Hartley v Minister of Housing and Local Government

Date

[1969]

Citation

3 AII ER 1658

Keywords

Planning control

Summary

A petrol filling station and an adjoining plot of land had been used for car sales. In 1961 the car sales ceased. In 1965 the property was sold to the appellant who began using the petrol station and the adjoining land for the sale of cars. The local planning authority took enforcement action alleging a material change of use and requiring the land to be used as a petrol station only.

In his judgment in the Court of Appeal Lord Denning MR said:

'The question in all such cases is simply this: has the cessation of use ... been merely temporary, or did it amount to an abandonment? ... If it amounted to abandonment it cannot be resumed unless planning permission is obtained ... Abandonment depends on the circumstances. If the land has remained unused for a considerable time, in such circumstances that a reasonable man might conclude that the previous use had been abandoned, then the tribunal may hold it to have been abandoned.'

As there was ample evidence to support the Minister's finding of abandonment, the appeal was dismissed.