Cases - Fairstate Ltd v First Secretary of State

Record details

Name

Fairstate Ltd v First Secretary of State

Date

[2005]

Citation

EWCA Civ 283

Legislation

Greater London Council (General Powers) Act 1973

Keywords

Planning control

Summary

After 10 years of uninterrupted use for temporary sleeping provision, a flat was occupied for 155 days by K under consecutive tenancies. Being more than 90 days, this amounted to residential occupation of a longer-term nature. On the resumption of temporary sleeping provision, the local planning authority served an enforcement notice. The owner claimed that the use for temporary sleeping provision, being lawful by virtue of 10 years' use, could only be lost by abandonment or material change of use.

The Court of Appeal held that the wording of section 25 deemed there to be a material change of use when use for residential accommodation changed to temporary sleeping provision. So the issue of whether the intervening tenancy had amounted to a material change of use was irrelevant.