Wall, Black, Wall, Birch, Carter and James v Winchester CC and the Secretary of State for Communities and Local Government

摘要

27. For these reasons the Deputy Judge's conclusion was correct. This appeal must be dismissed and the appellant's appeal under s.174 of the Act must be remitted to the Inspector so that he can consider whether the 2003 planning permission was implemented in the sense the site was initially used as a travelling showpeoples' site, whether the alleged change of use has taken place and, if so, whether that alleged change of use amounts to a material change of use. If the answer to the last of those questions is "yes", then the Inspector will have to go on to consider whether planning permission should be granted for that material change of use under the appellants' ground (a) appeal.