Cases - Parkes v Secretary of State for the Environment
Record details
- Name
- Parkes v Secretary of State for the Environment
- Date
- [1979]; [1978]
- Citation
- 1 AII ER 211; 1 WLR 1308
- Legislation
- Keywords
- Planning control - Town and Country Planning Act 1990
- Summary
-
A discontinuance order required the cessation of the use of land for storing and processing of scrap. The appellant claimed that, as storing and processing were operations, he was not carrying out a use.
The Court of Appeal held that the storing, sorting and processing of scrap was a use, not an operation. Lord Denning MR categorised the word 'operations' in the Town and Country Planning Act 1990 as comprising activities which result in some physical alteration to the land which has some degree of permanence, whereas use comprises activities which are done in, alongside or on the land but do not interfere with the actual physical characteristics of the land.