Cases - Tidswell v Secretary of State for the Environment and Thurrock Borough Council

Record details

Name

Tidswell v Secretary of State for the Environment and Thurrock Borough Council

Date

[1977]; (1976); (1976)

Citation

1 EGLR 114; 34 P&CR 152; 241 EG 83

Keywords

Planning control

Summary

Enforcement action was taken in respect of a Sunday market that had operated on 9 Sundays. The applicant challenged the validity of the notice on the ground that there was no breach of planning control. It was held by the Divisional Court that it was not for the local planning authority to investigate to decide whether the developer could bring himself within some exemption. There was evidence that the use was permanent, so the authority were entitled to take the view that there had been a material change of use.