Cases - Morris v Secretary of State for the Environment

Record details

Name

Morris v Secretary of State for the Environment

Date

(1975)

Citation

P&CR 216

Keywords

Planning control

Summary

The appellant operated a motor sales and service business on the northern half of a 5 acre site. The southern half was used for fruit growing. The planning authority served an enforcement notice requiring the motor business to cease. The notice was served in respect of the whole site. It was contended that the notice should have been restricted in its effect to that part of the premises on which the motor business was actually carried on. The Divisional Court upheld the notice.

Once enforcement action has become possible because there has been a material change in the use of the whole unit, the planning authority should be entitled to enforce against the whole unit.