R (on the application of Waters) v Breckland District Council

Town and country planning – Established use. The Planning Court dismissed the claimant's application for judicial review of the defendant local planning authority's decisions to grant a certificate of lawfulness in respect of operational development and to refuse to take enforcement action. Consideration had been given to use, although it had not been required, and the authority's decision not to take enforcement action pending further applications had been a lawful and legitimate exercise of its discretion.

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