22 July 2016

Instructed counsel on behalf of the claimant, a commercial enterprise, in this appeal against the decision in Kestrel Hydro v Secretary of State for Communities and Local Government

[2015] EWHC 1654 (Admin). Represented the claimant in his appeal against the decision of the Planning Inspector to uphold an enforcement notice issued by the local planning authority. The challenge was brought as the enforcement notice was issued alleging a material change of use, although it sought to attack operational development.

The notice was upheld, as the works were integral to, or part and parcel of, the unauthorised use, and the case confirmed this principle.

The case can be found here:: https://www.bailii.org/ew/cases/EWCA/Civ/2016/784.html

Photo by Vincent van Zalinge on Unsplash
Photo by Vincent van Zalinge on Unsplash