Court of Appeal to consider Murfitt principle

Today the court of appeal (Sir Keith Lindblom SPT, Coulson and Andrews LJJ) will hear arguments in the case of Caldwell v SSLUHC, on appeal from the judgment of Lieven J [2023] EWHC 2053 (Admin). The case turns on whether, if enforcing against a material change of use, an enforcement notice is unable to require the removal of operational development which is fundamental to or the cause of that change.

Zack Simons and Nick Grant appear for the Appellant the Secretary of State.