Keenan v Woking Borough Council and ors

Town and Country Planning – Enforcement notices – Extent of measures necessary to remedy breach – Prior approval under General Permitted Development Order – Lack of response to application by local authority

Town and Country Planning (General Permitted Development) (England) Order 2015, Class Q – Conversion of barn to dwelling – Distinction between ‘conversion’ and ‘rebuild’ and whether relevant in interpretation

Inclosure Act 1810 – Terms of Commissioners’ Award – Ownership of access road dividing two awarded parcels – Trespass, nuisance and conversion by one adjoining owner against the other

Town and Country Planning – National Planning Policy Framework, para.109 – “Valued landscape” – Whether inspector’s decision vitiated for misinterpretation

Town and Country Planning Act 1990, s.191 – Certificate of lawfulness of existing use and development – Identification of planning unit – Degree of exercise of planning judgement – Irrationality

Landlord and Tenant (Covenants) Act 1995 – Whether assignment in favour of tenant’s guarantor frustrates provisions of s.5 and is thus void under s.25 – Whether saved by effect of s.3

Town and country planning – Permitted development – Temporary clay pigeon shoot on agricultural land – Whether amounting to a permanent change of use – Material consideration

Planning – Necessary degree of permanence of buildings – Green Belt – Whether effect on openness has a bearing on inappropriateness of development

Waste disposal – Temporary storage pending recovery – Content of enforcement notice – Need for particularity in the notice itself to allow the recipient to understand the breach alleged

Town and Country Planning – Heritage assets – Interpretation of provisions of development plan – Whether Council misled by officer’s report – Application for discretionary refusal of relief under s.31(2A) Senior Courts Act 1981