In Noquet v Secretary of State  EWHC 209 (Admin), the Court has clarified the scope of permitted development rights for a change of use of land which is not currently in use for the purpose to which the permitted development right attaches, but which could lawfully be used for that purpose by the operation of s. 57(4) of the Town and Country Planning Act 1990.
The land in question had formerly been used as a public house and the Applicant wished to exercise permitted development rights to change its use to a retail use, pursuant to Class A of Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (now Class A of Part 3 of Sch 2 to the 2015 Order). While the land was not currently in use as a public house, the Applicant could lawfully have used the land for that purpose pursuant to s. 57(4) of the Town and Country Planning Act 1990, which provides:
"where an enforcement notice has been issued in respect of any development of land, planning permission is not required for its use for the purpose for which [...] it could lawfully have been used if that development had not been carried out."
The Inspector dismissed the Applicant's appeal and the Court upheld the Inspector's decision on the basis that, notwithstanding the operation of s. 57(4) TCPA 1990, permitted development rights only attach to uses which are as a matter of fact subsisting and not to potential alternative lawful uses (in accordance with Secretary of State for Transport v Waltham Forest LBC  EWCA Civ 330).
Jack Parker acted for the Claimants. For a copy of the Judgment, please click here.
For further information about the case, please contact Jack or his clerks at firstname.lastname@example.org.