Cases - Wipperman & Buckingham v London Borough of Barking

Record details

Name

Wipperman & Buckingham v London Borough of Barking

Date

(1965)

Citation

17 P&CR 225

Keywords

Planning control

Summary

Between 1958 and 1961 a site was used for storage of farming materials, storage of building materials and a residential caravan for a person working on the land.

In 1961 the caravan use gave way to a car-breaking use. In 1962, the car-breaking use ceased, and the whole of the site was given over to the storage of building materials. An enforcement notice was served alleging a material change of use.

The court held that merely to cease one of the component activities in a composite use of the land would not, by itself, ever amount to a material change of use. But in this case the storage use had taken over the whole of the planning unit and this was capable of being a material change, provided the use absorbed was not so trifling as to bede minimis.