Sumner v Secretary of State for Communities and Local Government: enforcement notice - operational development - change of use

摘要

*1014 This was an appeal against the decision of an inspector in respect of an enforcement notice against the change of use of a building. The change of use was to a use for vehicle repairs. The enforcement notice also alleged a breach in respect of the construction of the building, but the inspector decided as a matter of fact that the building was immune from enforcement. The building in question contained three separate units. It was not entirely clear from the finding of facts precisely what was the purpose of the construction of these units from the outset, but it was accepted that unit three was constructed for the purpose of vehicle repairs. Nor was it entirely clear from the inspector's decision letter precisely what was or is the lawful use of the land. The inspector found that the use to which the building was now being put was a use which was not in accordance with any lawful use which was permitted to be carried out in the building and had not been carried out for a period of *10 years, although it had been carried out for a period of more than four years. The inspector decided that the case fell within s.171B(3) of the Town and Country Planning Act 1990 (the Act) and so he upheld the enforcement notice to that extent.