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08 May 2024
Issue: 8070 / Categories: Legal News , Planning
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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
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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