header-logo header-logo

08 May 2024
Issue: 8070 / Categories: Legal News , Planning
printer mail-detail

Goose House wins ‘change of use’ case

The Court of Appeal has clarified the scope of the Murfitt principle, in a case concerning a bungalow, known as the Goose House, built without planning consent

In Secretary of State for Levelling Up, Housing and Communities v Caldwell and another company [2024] EWCA Civ 467, a Buckinghamshire Council planning inspector had ordered demolition since the construction involved an ‘unauthorised material change of use’ of the land. The owner appealed on the grounds the bungalow was more than four years old so qualified for immunity under the Town and Country Planning Act 1990.

Sir Keith Lindblom, giving the lead judgment, upheld the High Court’s ruling that the order be quashed. ‘In my view the judge’s reasoning was sound,’ he said.

‘She understood the principle in Murfitt, and its limits. Her observation… that the legislation and the relevant authorities indicate a “limitation on the power described in [Murfitt], where the operational development is itself the source of or fundamental to the change of use” captured the essential point.’

Issue: 8070 / Categories: Legal News , Planning
printer mail-details

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll