LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
6 April 2011
Lord Phillips P, Lord Rodger, Lord Walker, Lady Hale, Lord Brown, Lord Mance, Lord Clarke
(i) There was no change of use where a person purported to build a barn but actually built and used a building as a dwelling house which was not permitted under the planning permission that was granted for a hay barn. The building constructed could not be regarded as having any permitted use.
(ii) Public policy prevented a person profiting from their wrong in deceiving the planning authority as to the nature of the building constructed.
On appeal from:
Welwyn Hatfield Council v Secretary of State for Communities and Local Government & Anor  EWCA Civ 26
(1) Welwyn Hatfield Borough Council (WHBC) appealed against the Court of Appeal’s decision to uphold a certificate of lawfulness in relation to Mr Beesley’s (B) use of a hay barn (for which he had planning permission) as a dwelling house (for which he did not have planning permission) for more than four years.
To read the full case summary and to view the case transcript, you must subscribe to Jordans Public Law Online (if you already subscribe click here to log in).
To request a free trial click here and select Jordans Public Law online from the drop down menu.