DATE: 01 Aug 2006
This was a two week inquiry into enforcement notices alleging multiple changes of use of agricultural buildings at Court Farm, Buckland Newton, near Dorchester. The appellant called over 30 witnesses in an attempt to prove that all the present uses were immune: the upshot of the evidence was in fact that material changes of use had clearly taken place within the relevant immunity period in almost all cases. All but one of the enforcement notices were upheld.
The case has produced an interesting sequel. The Inspector failed to give individual consideration to ground (a) appeals against the enforcement notices and his decisions were quashed by consent for this reason. The question then arose whether, on the redetermination, the new Inspector needed to rehear the 30 witnesses etc and to reconsider the claims to immunity. The new Inspector eventually ruled that he would not do so and this decision is the subject of judicial review proceedings.
Richard Langham acted for the local planning authority.
