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Hereward Phillpot - Reversion to Lawful Use Under Section 57(4)

Hereward Phillpot QC

Reversion to lawful use under section 57(4)

In L B Hillingdon v. (1) Secretary of State for Communities and Local Government (2) Autodex Limited [2008] EWHC 198 (Admin), Mr. Michael Supperstone QC (sitting as a Deputy High Court Judge) has held that section 57(4) of the Town and Country Planning Act 1990 allows reversion to a use that has become lawful because of the passage of time and the operation of sections 171B and 191(2) of the 1990 Act. Distinguishing the earlier Court of Appeal decision in LTSS Print & Supply Services Ltd. v. Hackney LBC [1976] 1 QB 663, and dismissing the application under section 288, the court found that the conclusions reached by the Court of Appeal in the LTSS Print case needed to be considered in the light of the materially different scheme in the 1990 Act, and specifically in the light of the clear terms of section 191(2) of that Act.

Hereward Phillpot appeared on behalf of the First Defendant, the Secretary of State for Communities and Local Government.