Home > Cases > Elliott v First Secretary of State

The Appellant appealed under s. 289 of the Town and Country Planning Act 1990 challenging the decision of the First Respondent’s Inspector by which he dismissed, with variations, an appeal against the Second Respondent’s enforcement notice. The enforcement notice concerned an unauthorised change of use of the land at Lennox Farm, Ramsbrook Lane, Hale, Liverpool. From 1979 to 2000, the Appellant used the Appeal Site as a pig farm, with two piggeries having been built for the purpose of breeding pigs. The Appellant also opened a farm shop, through which he sold his own pork, as well as beef brought in from neighbouring farms. The combination of an enforcement notice requiring the cessation of selling the brought-in beef and a change in the laws concerning the keeping of pigs rendered the farm unviable, and production ceased in March 2000. In February 2000, the Appellant began to use the Appeal Site as a car park for Liverpool Airport, which is some four miles to the west of the site. The Second Respondent served an enforcement notice in October 2001 requiring cessation of the commercial car park, but this was withdrawn subject to negotiations on intended uses and operations at the Appeal Site. The Appellant submitted a retrospective planning application for proposed change of use of the piggeries on the Appeal Site to vehicle storage. On 25 March 2002, a meeting of the Second Respondent Local Planning Authority approved the planning permission, subject to the Appellant entering into a s106 Agreement.

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