Intensification of Use in UK Law

Leading Cases
  • Hertfordshire County Council v The Secretary of State for Communities and Local Government (First Respondent) Metal and Waste Recycling Ltd (Second Respondent)
    • Court of Appeal (Civil Division)
    • 15 Nov 2012

    It is not disputed that intensification of a use is capable of constituting an MCU. What is necessary, however, and accepted by the parties to the present appeal, is that the test for deciding whether there has been an MCU is whether there has been a change in the character of the use. In East Barnet Urban District Council v British Transport Commission [1962] 2 QB 484 at 491, Lord Parker CJ stated:

    I do not find it necessary to consider those issues in any detail. M and WR rightly accept that it is permissible to consider off-site effects when assessing whether an MCU has been established. In assessing whether there is a change of character in the use, its impact of the use on other premises is a relevant factor. It is necessary, on the particular facts, to consider both what is happening on the land and its impact off the land when deciding whether the character of the use has changed.

  • Watson and Others v Croft Promo-Sport Ltd
    • Court of Appeal (Civil Division)
    • 26 Ene 2009

    In the light of these two well established principles I find it hard to understand how there can be some middle category of planning permission which, without implementation, is capable of affecting private rights unless such effect is specifically authorised by Parliament. It has not been suggested to us that there is any section in the statutory code governing the application for and grant of planning permission which could have that result.

  • R (Lewis) v Redcar & Cleveland Borough Council and Another (No. 2)
    • Supreme Court
    • 03 Mar 2010

    Against that Mr Laurence QC relied on the general proposition that if the public (or a section of the public) is to acquire a right by prescription, they must by their conduct bring home to the landowner that a right is being asserted against him, so that the landowner has to choose between warning the trespassers off, or eventually finding that they have established the asserted right against him.

  • North Wiltshire District Council (R) v Cotswold District Council
    • Queen's Bench Division (Administrative Court)
    • 23 Jun 2009

    The fact that the Reasons (understandably) refer to the entirety of the planning unit and thereby in part to that part of the airfield site which fell within the administrative area of the claimant council, does not in itself mean that the certificate was purporting to certify the entirety of the planning unit.

  • Secretary of State for Transport, Local Government and The Regions v Waltham Forest London Borough Council
    • Court of Appeal (Civil Division)
    • 15 Mar 2002

    It is clear that the word lawful in section 192 means lawful in the context of the planning legislation. What either does not require planning permission or has planning permission (either under the GPDO or because of an express planning permission) is lawful. Therefore in the context of an application for a section 192 certificate what has to be decided is whether a planning permission which has not been granted is needed for the making of the proposed change of use.

  • Fidler v First Secretary of State and Another
    • Queen's Bench Division (Administrative Court)
    • 01 Oct 2003

    First, the land was not in agricultural use at the relevant time, but was in mixed use including the various commercial activities found by the inspector. The provisions of Part 6 of Schedule 2 to the 1995 Order, which relate specifically to agricultural buildings and operations, had no application to land in such mixed use.

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Legislation
  • Channel Tunnel Act 1987
    • UK Non-devolved
    • 1 de Enero de 1987
    ......authority in relation to it, no account shall be taken in. assessing compensation of any use or expected intensification. of use of that road due to that opening. . (3) If and so far as the Kent County Council are the responsible. authority in relation to a claim ......
  • Land Compensation (Scotland) Act 1973
    • UK Non-devolved
    • 1 de Enero de 1973
    ......use of those works as it exists on the first day of the claim. period and of any intensification that may then be reasonably. expected of the use of those works in the state in which they. are on that date. . (3) In assessing the extent of the ......
  • Land Compensation Act 1973
    • UK Non-devolved
    • 1 de Enero de 1973
    ......use of those works as it exists on the first day of the claim. period and of any intensification that may then be reasonably. expected of the use of those works in the state in which they. are on that date. . (3) In assessing the extent of the ......
  • Ionising Radiation (Medical Exposure) Regulations 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ...... (b) (b) no person shall carry out an examination without an image intensification or equivalent technique. S-8 . Clinical Audit Clinical Audit . 8. The employer’s procedures shall include provision for the carrying out of ......
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Books & Journal Articles
  • Does removing default retirement ages benefit individuals? A comparative empirical case study of the university sector
    • Núm. 21-2, Junio 2021
    • International Journal of Discrimination and the Law
    In 2011, the UK government abolished the national default retirement age. While this could support extended working lives and promote individual choice, it could also be a neoliberal ‘ploy’ to indi...
    ...... the removal of mandatory retirement have in practice: does it help to promote individual choice and autonomy? Or does it lead to work intensification and the indivi- dualisation of the risks of demographic change? Or both, perhaps simultaneously? Drawing on original qualitative and quantitative ......
  • Access to Urban Land and its Role in Enhancing Business Environment: Multi-track versus Mono-route Land-use Markets
    • Núm. 9-1, Enero 2015
    • Mizan Law Review
    • Elias N. Stebek
    • Elias N. Stebek (LL.B, LL.M, PhD), Associate Professor, St. Mary's University, School of Graduate Studies. An earlier version of this article was part of an unpublished research paper titled 'Access to Urban Land for Private Sector Development in Ethiopia' (dated June 9, 2015) which was submitted to Private Sector Development Hub, Ethiopian ...
    • 1-36
    Access to urban land for business activities relates to access to working space, or using and/or controlling a unit of land based on open access, land ownership, land lease, business lease or premi...
    ......Rising urban population and correspondingly increasing business activities lead to urban intensification and urban frontier expansion to adjacent rural areas which should be addressed with prudence and caution in the context of accurate land information, ......
  • Antecedents of intensified job demands: evidence from Austria
    • Núm. 41-4, Junio 2019
    • Employee Relations
    • 694-707
    Purpose: In order to understand the driving forces behind intensified job demands (IJDs), the purpose of this paper is to examine demographic factors, structural work-related factors, personal and ...
    ...... sets were analyzed via regression analyses.Findings –The results showed that IJDs, as assessed through five sub-dimensions: work intensification,intensified job-related, career-related planning and decision-making demands, intensified demands for skillsand for knowledge-related learning, ......
  • Re‐Organizing Work Roles in Health Care: Evidence from the Implementation of Functional Flexibility
    • Núm. 17-2, Junio 2006
    • British Journal of Management
    Functional flexibility has been advocated as a mechanism for improving efficiency and service quality and is, it is argued, especially appropriate to service environments. In recent years the UK pu...
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Law Firm Commentaries
  • I'm A Car Breaker: Get Me Out Of Here
    • Mondaq United Kingdom
    ......"The intensification of the use of this site is a breach of planning control against which the council is entitled to take enforcement action.". This exchange may be ......
  • Redevelopment: Was The Proposed Use Of A Right Of Way Excessive?
    • Mondaq UK
    ...... (1) Right of Way. The Defendants sought to stop the redevelopment, by arguing it would lead to an unacceptable intensification of the right of way over the track. The Court held, following the decision in McAdams Homes Ltd v Robinson [2004] EWCA Civ 214, that where there was ......
  • Don't Lose Your Way! 3 Misunderstood Aspects Of The Law Of Rights Of Way
    • Mondaq UK
    ......permitted at law. See Poste v Cousins [2020] EWHC 582 (Ch) for. consideration of these issues. Intensification of User. What are the circumstances in which the easement of a right of. way will be suspended or lost due to intensification of use by the. dominant ......
  • Unlocking Value Through Transport Investment
    • Mondaq UK
    ...... for further discussion on these success stories and how future investment in transport can be used to unlock development value and intensification of land use. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about ......
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