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Town and country planning Lawful use certificate
Court of Appeal
Pill, Mummery and Richards LJJ
29 January 2010
[2010] EWCA Civ 26
[2010] 05 EG 113 (CS)
Planning permission
- Enforcement action - Limitation periods - Permission granted for erection of hay barn for agricultural storage- Building fitted out and used as dwelling
- Whether second appellant entitled to lawful use certificate after four years under section 171B(I) and (2) of Town and Country Planning Act 1990
- Appeal allowed
In December 2001, the respondent council granted planning permission to the second appellant to erect a hay barn. The second appellant had deceived the respondents in his planning application and in fact intended to use the building as a dwelling. Although the building looked like a barn from the outside, it was fitted out internally as a three-bedroom dwelling, with all utilities.
In August 2006, the second appellant appUed to the respondents for a certificate of lawfulness of existing use, on the ground that the respondents had not taken enforcement action within the four-year time limit laid down by section 171B(2) of the Town and Country Planning Act 1990 in the case of a change of use to a single dwelling-house. He claimed to have...