Cases - Nicholson v Secretary of State for the Environment, Transport and the Regions

Record details

Name

Nicholson v Secretary of State for the Environment, Transport and the Regions

Date

[1998]

Citation

2 PLR 6

Keywords

Planning control

Summary

From 1984 to 1991 a dwelling was occupied in breach of an agricultural occupancy condition. In 1991 the dwelling was sold and remained unoccupied whilst various extensions and improvements were undertaken. An application for a certificate of lawfulness was made in 1995. This was refused and the owner appealed.

The judge held that, under the terms of section 191, an application for a certificate could only be made if there is non-compliance with the condition at the time. The applicant will then be entitled to a certificate if there has been a breach for the ten-year period. If it were otherwise, the breach of an occupancy condition for 6 months followed by compliance would mean a certificate could be issued after 10 years. The judge distinguished non-compliance with a condition from the continuation or abandonment of a use. If non-compliance ceases, the breach is at an end but the condition continues in force. A subsequent non-compliance is a fresh breach and the 10-year period for enforcement starts again; it is not permissible to add the period of one breach to that of a subsequent separate breach.