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Willow Farm, Norfolk

DATE: 12 Mar 2013

Stephen Whale represented the developer at an appeal against a refusal to grant an application for a certificate of lawful use.  It was common ground that there had been a material change of use of the appeal site from agriculture to agriculture/fuel supply more than 10 years before the date of the application.  The issue was whether there had been a further material change of use by way of “intensification” in the 10 years preceding the application, giving rise to the application of the Court of Appeal’s judgment in Herts CC v SSCLG [2012] EWCA Civ 1473.

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