Intensification of Use in UK Law

  • R (Lewis) v Redcar & Cleveland Borough Council and Another (No. 2)
    • Supreme Court
    • 03 March 2010
    ... ... case is eliminated, I see little danger, in normal circumstances, of registration of a green leading to a sudden diversification or intensification of use by local residents. The alleged asymmetry between use before and after registration will in most cases prove to be exaggerated. Golfers and ... ...
  • Brooks and Burton Ltd v Secretary of State for the Environment
    • Court of Appeal (Civil Division)
    • 28 July 1977
    ... ... authority were complaining about, namely, the use of amobile machine, the extension of the area used for block-making and the intensification of use; and the requirement paragraph should be amended to read so as to call upon the appellants to discontinue the use of the appeal site "for the ... ...
  • Western Fish Products Ltd v Penwith District Council and Another
    • Court of Appeal (Civil Division)
    • 22 May 1978
    ... ... on amenity grounds) to the proposed change of use or intensification which the applicant is entitled to make but for which the new buildings are necessary or desirable. The applicant can go on using his old buildings, ... ...
  • R Penelope James v Dover District Council
    • Queen's Bench Division (Administrative Court)
    • 28 April 2022
    ... ... The Claimant further submitted that it was irrational for the Council to consent to an intensification of the use, leading to noise on more days in the year, when it knew that the current use was giving rise to a SOAEL ... 44 In response, the ... ...
  • R (Noble) v Cornwall Council
    • King's Bench Division (Administrative Court)
    • 28 September 2022
    ... ... such as the National Planning Policy Framework (‘NPPF’) and AONB Management Plan Policy were determined; (2) Intensification : The Council erred in law and/or provided flawed and/or inadequate reasons by: a) determining to grant permission against the ... ...
  • Guildford Rural District Council v Fortescue; Guildford Rural District Council v Penny
    • Court of Appeal
    • 23 March 1959
    ... ... I too like my Lord would not wish to be taken, however, as supporting a view that no increase or intensification of user could in any circumstances amount to a change of user. To consider the concept broadly I would take an illustration from the sea rather than ... ...
  • Wood and Another v Waddington
    • Court of Appeal (Civil Division)
    • 21 May 2015
    ... ... It is also clear on the authorities that a mere intensification of use is not something to which the servient owner is entitled to object. In McAdams Homes Neuberger LJ said at [50] that the servient owner's ... ...
  • 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 November 2012
    ... ... error of law by the Inspector (and by the judge), it seeks to establish four propositions, first, that there can be an MCU merely by intensification of the use, secondly, that an MCU can be established merely by reference to the effect of the use on neighbouring properties, thirdly, that in ... ...
  • An Applicaiton for Judicial Review by the Landlords Association for Northern Ireland
    • Queen's Bench Division (Northern Ireland)
    • 14 March 2005
    ... ... as houses in a more intensive and profitable way if it can be shown that they have failed to take reasonable steps to prevent the intensification of use from having an unacceptable adverse impact on the rights of others. In relation to the exemption of the body specified in the Fees Order the ... ...
  • Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Another
    • Chancery Division
    • 07 December 2015
    ... ... 49 Mr Latimer complains of the intensification of use arising from the fact that there are thousands of potential users given the large number of timeshare owners, who in general only have rights ... ...
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