R (on the application of Freedman) v Wiltshire Council

Town and country planning – Established use. The instant proceedings arose out of an application by the interested party for a certificate of lawful use for ancillary vehicular parking and the decision of the defendant local authority to issue a certificate stating that use of the land for vehicular parking (not simply for ancillary parking) was lawful. Allowing the claim for judicial review, the Administrative Court held that an authority had power under s 191 (4) of the Town and Country Planning Act 1990 to substitute a description of existing lawful use for the use set out in an application providing that the use as set out in the substitute description had been carried out continuously for a period of ten years or more. However, in the instant case the authority had erred as it had not considered whether the land in question had been used for parking, rather than ancillary parking for a continuous period of ten years or more.

Category: