Jackson v Secretary of State for the Communities and Local Government

Town and country planning – Development. The appellant appealed against the decision of the inspector appointed by the defendant Secretary of State, affirming the refusal of a certificate of lawfulness of existing use or development on the basis that he was deprived of the four year limitation period in s 171B(2) of the Town and Country Planning Act 1990 due to his deliberate concealment. The Planning Court, in dismissing the appeal, held that the principle laid down in Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another ([2011] 4 All ER 851) had not been replaced by ss 171BA to 171BC of the Act and the inspector had not failed to apply that principle correctly.

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