Cases - Hilliard v Secretary of State for the Environment

Record details

Name

Hilliard v Secretary of State for the Environment

Date

(1979)

Citation

37 P&CR 129

Keywords

Planning control

Summary

The owner of a farm obtained permission to erect a building subject to a condition that it should only be used for the storage of agricultural produce and farm implements in conjunction with the farm. The building became used for the wholesale distribution of fruit and vegetables. The local authority took enforcement action, not for breach of condition, but on the ground of intensification amounting to a material change of use.

The Secretary of State and the Divisional Court upheld the notice. (The Court of Appeal remitted the case to the Secretary of State, because the evidence had been directed to the intensification of the use of the building rather than the intensification of the use of the farm as a whole - the planning unit.)