Cases - Panton v Secretary of State for the Environment, Transport and the Regions
Record details
- Name
- Panton v Secretary of State for the Environment, Transport and the Regions
- Date
- [1999]
- Citation
- 1 PLR 92
- Legislation
- Keywords
- Planning control
- Summary
-
P claimed that various uses had become immune from enforcement action because either they commenced before 1964, or they continued for 10 years prior to the coming into effect of the new ten-year rule in July 1992, or they continued for a period of 10 years prior to his application for a lawful development certificate in 1997. The inspector found that various uses existed from before 1964 to the 1980s but did not operate during the 10-year period up to the application for a certificate. She therefore found that those uses were no longer lawful.
The judge held that the inspector had erred. Where there was evidence of an accrued established use capable of giving rise to the right to an established use certificate under the pre-1992 rules, such a right could only be lost by abandonment, the formation of a new planning unit or by material change of use.