Intensification of Use in UK Law

  • Brooks and Burton Ltd v Secretary of State for the Environment
    • Court of Appeal (Civil Division)
    • 28 Julio 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 ......
  • R (Lewis) v Redcar & Cleveland Borough Council and Another (No. 2)
    • Supreme Court
    • 03 Marzo 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 ......
  • Ashish Balajigari v The Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 16 Abril 2019
    ...... will by definition have been resident in this country for many years, by a refusal on paragraph 322 grounds, particularly since the intensification of the disabilities to which migrants without leave to remain are subject as a result of the Immigration Act 2014 (see para. 81 below). That is ......
  • Western Fish Products Ltd v Penwith District Council and Another
    • Court of Appeal (Civil Division)
    • 22 Mayo 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, ......
  • Guildford Rural District Council v Fortescue; Guildford Rural District Council v Penny
    • Court of Appeal
    • 23 Marzo 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 ......
  • 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 Noviembre 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 ......
  • Watson and Others v Croft Promo-Sport Ltd
    • Court of Appeal (Civil Division)
    • 26 Enero 2009
    ......That essential character did not change, despite the gradual development of the Circuit with an intensification of the level of noise.” . . 26 In paragraphs 56 and 57 the judge dealt with two specific submissions made to him. The ......
  • Wood and Another v Waddington
    • Court of Appeal (Civil Division)
    • 21 Mayo 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 ......
  • R (Noble) v Cornwall Council
    • King's Bench Division (Administrative Court)
    • 28 Septiembre 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 ......
  • R (oao Alison Sellars) v Basingstoke & Deane Borough Council
    • Queen's Bench Division (Administrative Court)
    • 21 Noviembre 2013
    ......By order dated 12 October 2012 he observed that he considered "the planning unit point" and "the intensification issue" as arguable but declined to grant permission without any proper explanation for the delay in issuing proceedings. He ordered the permission ......
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