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Reported Case

Noquet & Anor v Secretary of State for Communities and Local Government & Anor [2016] EWHC 209 (Admin) (9 February 2016)

Date: 09/02/2016
Duncan Lewis, Reported Case Solicitors, Noquet & Anor v Secretary of State for Communities and Local Government & Anor [2016] EWHC 209 (Admin)

In the High Court of Justice - Queen's Bench Division - Planning Court

This is an application by the claimants Geoffrey Noquet and Jacqueline Noquet under section 288 Town and Country Planning Act 1990 ("The 1990 Act") by which they seek a quashing of the decision of the First Defendant's Planning Inspector ("The Inspector") of 27 August 2015 ("DL") by which he dismissed the second claimant's appeal under section 195 of the 1990 Act against the failure of the second defendant to give notice within the prescribed period of it's decision on her application under section 192 of the 1990 Act for a Certificate of Lawful Use ("CLU") in respect of the property known as Bishops End, Burdrop, Banbury OX15 5RQ ("The Property").

The use in respect of which the CLU was sought for was a change in use from class A4 (Drinking Establishments) to A1 (Retail) pursuant to Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 ("the GPDO"). The factual background is not in dispute. Essentially there is one issue in this application, namely whether the Inspector was wrong in law to reject the second claimant's appeal on the grounds that the property was not being used nor had it last been used for A4 purposes at the time that the application for the CLU was made.

 

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