Application was made for planning permission to use a redundant hospital building in Covent Garden for primarily office use. Policies of the local planning authority sought not only to restrain office use, but also to seek residential accommodation in, inter alia, the appeal building. The Inspector dismissed the appeal.
Held: The decision letter was quashed. The Inspector had not applied, the BWB probability test as to the likelihood of residential use ultimately taking place within the building. The Secretary of State apparently accepted, in argument, that the BWB test applied in principle to a future use, though it was submitted that the test was not applicable where there was – as in that case – a planning objection to the proposed use.
Citations:
Unreported, 27 July 1992
Jurisdiction:
England and Wales
Citing:
Cited – Regina (Westminster City Council) v British Waterways Board HL 1985
The tenant occupied land next to a canal under a lease from the Defendants. The landlord opposed a renewal saying they wished to occupy the land themselves for the purposes of a marina. The tenant said the plan was unrealistic, because it would not . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 30 April 2022; Ref: scu.219458