Barvis v Secretary of State for the Environment

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Barvis v Secretary of State for the Environment

Queen's Bench Division
17 March 1971
Case Analysis
Where Reported
(1971) 22 P. & C.R. 710

Abstract: The true test relating to a change in the physical character of land is that provided by the Town and Country Planning Act 1962ss. 12 (1) and 221 (1). B Co. owned a mobile tower crane which they usually used on contract work. However, during a period whilst they had no use for it on such work, they erected it at their depot for use there. The crane was 89 feet high and ran on a steel track fixed in concrete. An enforcement notice was served requiring its removal. B Co. contended that its degree of permanence was slight, that it was not fixed to the land, and had not changed the physical character of the land within the principle in Woodward.

Held, the true test was that provided by ss.12(1) and 221(1), and the crane was a "structure or erection" and, therefore, a building within s.221(1), and its erection was accordingly a "building or other operation" within s.12(1) (Cardiff Rating Authority v Guest Keen Baldwin's Iron & Steel Co Ltd [1949] 1 K.B. 385 applied; Cheshire CC v Woodward [1962] 2 Q.B. 126 considered).
Judge: Lord Parker, L.C.J; Widgery, L.J.; Bridge, J.

Significant Cases Cited
Cheshire CC v Woodward
[1962] 2 Q.B. 126; [1962] 2 W.L.R. 636; [1962] 1 All E.R. 517; (1962) 126 J.P. 186; 60 L.G.R. 180; (1962) 13 P. & C.R. 157; [1962] R.V.R. 148; (1962) 106 S.J. 222; DC
Cardiff Rating Authority v Guest Keen Baldwin's Iron & Steel Co Ltd
[1949] 1 K.B. 385; [1949] 1 All E.R. 27; 65 T.L.R. 159; (1949) 113 J.P. 78; 47 L.G.R. 159; (1949) 152 E.G. 449; (1949) 42 R. & I.T. 2; [1949] L.J.R. 713; (1949) 93 S.J. 117; CA
All Cases Cited
Sort by:
Cheshire CC v Woodward
[1962] 2 Q.B. 126; [1962] 2 W.L.R. 636; [1962] 1 All E.R. 517; (1962) 126 J.P. 186; 60 L.G.R. 180; (1962) 13 P. & C.R. 157; [1962] R.V.R. 148; (1962) 106 S.J. 222; DC
Cardiff Rating Authority v Guest Keen Baldwin's Iron & Steel Co Ltd
[1949] 1 K.B. 385; [1949] 1 All E.R. 27; 65 T.L.R. 159; (1949) 113 J.P. 78; 47 L.G.R. 159; (1949) 152 E.G. 449; (1949) 42 R. & I.T. 2; [1949] L.J.R. 713; (1949) 93 S.J. 117; CA
Key Cases Citing
Applied by
Tewkesbury BC v Keeley
[2004] EWHC 2594 (QB); [2005] J.P.L. 831; Official Transcript; QBD
Measor v Secretary of State for the Environment, Transport and the Regions
[1998] 4 P.L.R. 93; [1999] J.P.L. 182; QBD
Considered by
Skerritts of Nottingham Ltd v Secretary of State for the Environment, Transport and the Regions (No.2)
[2000] 2 P.L.R. 102; [2000] J.P.L. 1025; [2000] E.G. 43 (C.S.); Official Transcript; CA (Civ Div)
R. v Swansea City Council Ex p. Elitestone Ltd
(1993) 66 P. & C.R. 422; [1993] 2 P.L.R. 65; [1993] 46 E.G. 181; [1993] J.P.L. 1019; [1994] C.O.D. 80; [1993] N.P.C. 74; CA (Civ Div)
All Cases Citing
Sort by:
Mentioned by
R. (on the application of Hall Hunter Partnership) v First Secretary of State
[2006] EWHC 3482 (Admin); [2007] 2 P. & C.R. 5; [2007] J.P.L. 1023; Official Transcript; QBD (Admin)
Applied by
Tewkesbury BC v Keeley
[2004] EWHC 2594 (QB); [2005] J.P.L. 831; Official Transcript; QBD
Mentioned by
R. (on the application of Westminster City Council) v Secretary of State for the Environment, Transport and the Regions
[2001] EWHC Admin 270; [2002] 1 P. & C.R. 8; [2002] J.P.L. 58; Official Transcript; QBD (Admin)
Considered by
Skerritts of Nottingham Ltd v Secretary of State for the Environment, Transport and the Regions (No.2)
[2000] 2 P.L.R. 102; [2000] J.P.L. 1025; [2000] E.G. 43 (C.S.); Official Transcript; CA (Civ Div)
Mentioned by
Skerritts of Nottingham Ltd v Secretary of State for the Environment, Transport and the Regions (No.2)
(2000) 79 P. & C.R. 251; [1999] 4 P.L.R. 1; [2000] J.P.L. 281; Times, October 20, 1999; QBD
Applied by
Measor v Secretary of State for the Environment, Transport and the Regions
[1998] 4 P.L.R. 93; [1999] J.P.L. 182; QBD
Mentioned by
Carter v Secretary of State for the Environment
[1994] 1 W.L.R. 1212; 92 L.G.R. 473; [1994] 29 E.G. 124; [1994] E.G. 58 (C.S.); Times, April 6, 1994; Independent, April 4, 1994; CA (Civ Div)
Considered by
R. v Swansea City Council Ex p. Elitestone Ltd
(1993) 66 P. & C.R. 422; [1993] 2 P.L.R. 65; [1993] 46 E.G. 181; [1993] J.P.L. 1019; [1994] C.O.D. 80; [1993] N.P.C. 74; CA (Civ Div)
Mentioned by
Heron Service Stations v Coupe
[1973] 1 W.L.R. 502; [1973] 2 All E.R. 110; 71 L.G.R. 313; (1973) 25 P. & C.R. 349; (1973) 117 S.J. 305; HL
Legislation Cited
Town and Country Planning Act 1962 (c.38) Part 3
Town and Country Planning Act 1962 (c.38)
Town and Country Planning Act 1962 Part III
Town and Country Planning Act 1962 s.12
Town and Country Planning Act 1962 s.12(1)
Town and Country Planning Act 1962 s.180
Town and Country Planning Act 1962 s.221
Town and Country Planning Act 1962 s.221(1)
Town and Country Planning Act 1962s.12 Town and Country Planning Act 1962s.221
Town and Country Planning Act 1962ss. 12 (1) and 221 (1)
Town and Country Planning General Development Order 1963 (SI 1963 709)
Journal Articles
Current topics (May)
Advertisements; Agricultural use; Areas of outstanding natural beauty; Development; Material change of use; Permitted development; Planning control; Rural areas.
J.P.L. 2006, May, 625-629