Council may challenge use of green belt land as airfield
The High Court has given the go-ahead for Thurrock Borough Council to challenge a DoE inspector’s decision to grant permission for the use of green belt land at King’s Farm, Parker’s Farm Road, Orsett, Esses, as an airfield and for the storage of aircraft.
The inspector’s decision in March overturned enforcement notices issued by the council against the owner of the premises, Terry Holding, in July 1999 alleging unauthorised change of use of the land from domestic and agricultural purposes to domestic and aircraft use. King’s Farm had been used in the early 1980s for a banner-flying operation known as Sky-Ads, but this had ceased in 1984.
The notices also complained of the unauthorised laying of a hard-standing and the erection of a metal-framed building on a concrete base.
The High Court has given the go-ahead for Thurrock Borough Council to challenge a DoE inspector’s decision to grant permission for the use of green belt land at King’s Farm, Parker’s Farm Road, Orsett, Esses, as an airfield and for the storage of aircraft.
The inspector’s decision in March overturned enforcement notices issued by the council against the owner of the premises, Terry Holding, in July 1999 alleging unauthorised change of use of the land from domestic and agricultural purposes to domestic and aircraft use. King’s Farm had been used in the early 1980s for a banner-flying operation known as Sky-Ads, but this had ceased in 1984.
The notices also complained of the unauthorised laying of a hard-standing and the erection of a metal-framed building on a concrete base.
Allowing Mr Holding’s appeal, the inspector found that the land had been used as an airfield for more that ten years before the issue of the notices. Although the Sky-Ads use had ceased, the inspector found that it had not been abandoned and remained as a dormant use that was not materially different from the present use.
In respect of the building, he found that although it did not constitute permitted development, it should be allowed to remain as Mr Holding could simply erect another building within the confines of his house if he were ordered to demolish it.
In the High Court, John Hobson, counsel for Thurrock, argued that planning use rights could not come about as a result of unauthorised, short-term, temporary activities, which he claimed was what had happened in Mr Holdings case.
Stephen Hockman QC, counsel for Mr Holding, argued that the use of the farm as an airstrip before 1989 was neither short-term nor temporary, and that the inspector had been entitled to find that the use became immune from enforcement after ten years from the date on which the breach of planning control took place.
Ruling in favour of the council, Deputy Judge Nigel Macleod QC found that they had an arguable case and gave permission to challenge the inspector’s decision. A full hearing is expected within the next few months.
Thurrock Borough Council v Secretary of State for the Environment, Transport and the Regions and another Queen’s Bench Division: Crown Office List (Mr Nigel Macleod QC, sitting as a deputy judge of the division) 19 May 2000
John Hobson QC (instructed by the solicitor to Thurrock Borough Council) appeared for the applicants; Stephen Hockman QC and Kevin Leigh (instructed by Jennings Son & Ash) appeared for the second defendant.
PLS News 22/5/00
