R (on the application of Flint and another) v South Gloucestershire Council

Town and country planning – Established use. The Planning Court dismissed the claimants' challenge to the defendant local authority's decision to grant a lawful development certificate, under s 191 of the Town and Country Planning Act 1990. The authority's analysis of the evidence and conclusions had kept in mind the need to consider the whole ten-year period for the purposes of s 191(2) and (3) of the Act, and there was clearly evidence upon which it could be concluded that a planning condition which limited the maximum number of people allowed to receive shooting instruction at any one time had been breached over a continuous period of ten years.

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