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 Novembro 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.

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

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

  • Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Another
    • Chancery Division
    • 07 Dezembro 2015

    To construe the rights as limited to the actual facilities which were on site or planned in 1981 is unrealistic and might inhibit the servient owner from introducing improvements or replacements or adding facilities which would be for everyone's benefit. I say that because any alteration to the facilities, if the rights did not extend to the new or replacement facilities, might amount to a substantial interference with the claimants' existing rights.

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

  • Hertfordshire County Council v the Secretary of State for Communities and Local Government and Another
    • Queen's Bench Division (Administrative Court)
    • 01 Fevereiro 2012

    I have no difficulty in seeing that significant environmental effects, experienced on or off-site, may support the contention that a material change of use of land by intensification has occurred. But I do not see how effects, whether on or off-site, can themselves constitute a material change in the use of the land. The concept focuses on the use made of a particular piece of land. But of itself, an increase in noise impact, however severe, cannot be a material change in the use of the land.

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Legislation
  • Land Compensation Act 1973
    • UK Non-devolved
    • 01 de Janeiro de 1973
    ... ... F11 the first claim day 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 ... ...
  • Channel Tunnel Act 1987
    • UK Non-devolved
    • 01 de Janeiro de 1987
    ... ... of State is the responsible 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 ... ...
  • Land Compensation (Scotland) Act 1973
    • UK Non-devolved
    • 01 de Janeiro de 1973
    ... ... F10 the first claim day 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 ... ...
  • Ionising Radiation (Medical Exposure) Regulations 2000
    • UK Non-devolved
    • 01 de Janeiro 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 ... ...
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Books & Journal Articles
  • Development Control
    • Part VI. Elements of planning law
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 381-396
    ... ... Classes Order 1987 (where a change of use for another purpose within the same use class will not constitute development) where the intensification of a use within a particular category of use is such as to take the use outside that category altogether. 29 ... 40.7 Certain elements of use may ... ...
  • Post-registration Rights and Management
    • Part II. Town and village greens
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 65-71
    ... ... ) v Redcar and Cleveland BC (No 2).2Lord Walker doubted whether, in practice, registration would lead to a sudden diversification or intensification of use by local residents. He said3‘Even without such regulation, conflicts over competing uses … are capable of resolution by the constant ... ...
  • Development Control
    • Contents
    • Planning Law. A Practitioner's Handbook
    • William Webster
    • 81-99
    ... ... Classes Order 1987 (where a change of use for another purpose within the same use class will not constitute development) where the intensification of a use within a particular category of use is such as to take the use outside that category altogether. 29 ... 4.8 Certain elements of use may be ... ...
  • Human–bot co-working: job outcomes and employee responses
    • No. 123-2, December 2022
    • Industrial Management & Data Systems
    • 0000
    Purpose: Robotic process automation (RPA) has been widely implemented to automate digital tasks. The resulting new type of human–bot co-working environment, however, has been understudied. This pap...
    ... ... Whilework intensification increases burnout, job autonomy alleviates the burnout of employees. Finally, jobautonomy and perceived RPA performance are both positive predictors ... ...
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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 ... ...
  • 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 ... ...
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