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14 April 2011
Issue: 7461 + 7462 / Categories: Case law , Law reports
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Town & country planning—Development—Permission

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Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2011] UKSC 15, [2011] All ER (D) 44 (Apr)

Supreme Court, Lord Phillips P, Lord Rodger, Lord Walker, Lord Hale, Lord Brown, Lord Mance and Lord Clarke SCJJ, 6 Apr 2011

The word “use” in s 171B(2) of the Town and Country Planning Act 1990 (TCP 1990) is directed to real or material use, not permitted use. Moreover, it  would be contrary to public policy for a person who builds a house in breach of planning permission, and deliberately conceals it from the local authority for four years, to enjoy the benefits of the planning laws in order to obtain a certificate of lawfulness in respect of that house. 

James Findlay QC and Wayne Beglan (instructed by Sharpe Pritchard) for the authority. James Maurici QC and Sarah-Jane Davies (instructed by the Treasury Solicitor) for the secretary of state. Alexander Booth (instructed by Sherrards) for B.

In December 2001, the second defendant, B, was granted a second planning

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