Eastbourne Borough Council v Secretary of State for the Environment Transport and the Regions, and Batey and Another: QBD 19 Oct 2000

The landowners were granted permission to change the use of their guesthouse to private use. The change was challenged on the basis that the inspector had misapplied the policy regarding ‘financial viability of a continuing tourist operation,’ and that he had failed to make proper allowance for non-financial reasons requiring its continued use for tourist purposes. It was held that the phrase ‘financial viability’ could be read in the way the inspector had, but he had indeed dealt with the non-financial aspects in only one line of his report, which could not be sufficient. He did not indicate whether he had accepted that some guesthouses operated on low rates of return.

Citations:

Gazette 19-Oct-2000

Jurisdiction:

England and Wales

Planning

Updated: 15 May 2022; Ref: scu.80225