Cases - Wilson v West Sussex County Council
Record details
- Name
- Wilson v West Sussex County Council
- Date
- [1963]
- Citation
- 1 AII ER 751
- Legislation
- Keywords
- Planning control - Town and Country Planning Act 1947
- Summary
-
Planning permission was granted for the erection of an 'agricultural cottage'.
The Court of Appeal held that the words 'agricultural cottage' mean a cottage whose use was limited to, or intended for, occupation by a person substantially engaged in agriculture. The permission therefore 'specified the purpose for which the building was used' under section 18(3) of the Town and Country Planning Act 1947 (now section 75(2)). The grant did not create any implied condition, but a change from agricultural occupation to a different form of occupation would be a change of use which could be material. Lord Justice Danckwerts went so far as to say it would, in his opinion, be a material change.