Cases - Johnston v Secretary of State for the Environment

Record details

Name

Johnston v Secretary of State for the Environment

Date

(1974)

Citation

28 P&CR 424

Keywords

Planning control

Summary

Premises consisting of 44 garages had originally been used for housing taxis. Over time, some garages became let to individual tenants, and in some cases a tenant took two or more garages. The planning authority was concerned that some of the garages were being used for vehicle repairs and served enforcement notices. The notices were directed to individual garages or groups of garages in separate occupations. The owners alleged that the proper planning unit was the entirety of the 44 garages.

Lord Widgery CJ, giving the judgment of the Divisional Court, observed that the unit of occupation, although not conclusive, was of great importance. He drew an analogy with a block of flats. Lord Widgery said:

'I would have thought that in almost every case of a block of flats, the flats being let to separate and different tenants, the planning unit would be the flat in question.'