In R (Waters) v Breckland District Council
 EWHC 951 (Admin) the High Court considered whether a
planning authority determining an application for a Certificate of
Lawfulness in relation to buildings constructed without permission
had to consider the lawfulness of their use. The agricultural
operator applied only in respect of the lawfulness of the
operational development not the use, and the Council concluded that
the four year period for accrued immunity applied under Section 171B(1) TCPA 1990.
The claimant agreed that the Council should have taken into
the erection of a building resulting in a material change of
use of land is subject to a ten year – not a four year-time
that buildings which are an integral part of an unauthorised
use may be liable to removal even if the buildings themselves
The High Court dismissed the claim on the basis that the law in
relation to certificates distinguishes between operational
development and use – applicants may specify both in any
application. When dealing with an application for a certificate in
respect of operational development only, planning authorities are
therefore not under any duty to consider the use associated with
them. She distinguished cases dealing with enforcement
against unauthorised changes of use where it is recognised that an
enforcement notice may require buildings to be removed where they
are an integral part of the unauthorised use (Murfitt v
Secretary of State for the Environmental (1980)
40P&CR254). It was relevant that the application for the
certificate was for operational development only (and that the
building/structures were not solely for the purpose of the alleged
industrial intensified use relating to the wider lawful use of the
site). The claimants' application to require the
authority to issue enforcement proceedings also failed.
The key points are that:
Applications to regularise the status of new buildings should
cover both operational development and the relevant use.
Where use is an issue, the ten year immunity period will
Achieving a certificate for buildings does not rule out
subsequent enforcement against the use itself (but is subject to
the application of the principle of fairness and good governance
that may preclude subsequent enforcement action, noted in
Welwyn Hatfield BC v Secretary of State for Communities &
Local Government  UKSC15).
Dentons is the world's first polycentric global law firm. A
top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm
is committed to challenging the status quo in delivering consistent
and uncompromising quality and value in new and inventive ways.
Driven to provide clients a competitive edge, and connected to the
communities where its clients want to do business, Dentons knows
that understanding local cultures is crucial to successfully
completing a deal, resolving a dispute or solving a business
challenge. Now the world's largest law firm, Dentons'
global team builds agile, tailored solutions to meet the local,
national and global needs of private and public clients of any size
in more than 125 locations serving 50-plus countries.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The employment landscape is one that is constantly shifting. Employers who fail to keep up with the changes do so at their peril.
We are pleased to invite you to this seminar, designed to help in-house counsel and HR practitioners get to grips with key recent and forthcoming developments in employment, pensions and immigration law and practice and what they mean for your workforce.
The event is going to take place on 26 April 2017 and is addressed to participants of the Berlin Real Estate sector, in particular those dealing with redensification such as investors, developers, brokers, urban housing associations and engineers.
The recent County Court decision in Camelot Property Management Limited (1) and Camelot Guardian Management Limited (2) v. Greg Roynon is an uncomfortable reminder to landowners of how easy it is to inadvertently grant a tenancy when only a licence was intended. The consequences of getting it wrong can be time consuming and costly.
It's now less than one year to go until the Energy
Efficiency (Private Rented Property) (England and Wales)
Regulations 2015, commonly known as the MEES Regulations (minimum
energy efficiency standards) come into effect.
It's now less than one year to go until the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, commonly known as the MEES Regulations (minimum energy efficiency standards) come into effect. It
The use of letters of intent can be fraught with difficulty. In this Insight we review the key case law on letters of intent of the past few years and seek to highlight some of the lessons that can be learned from them.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).