The applicant sought to allow the roof of its store to be used as a helicopter landing pad, and sought a lawful use certificate. It asserted that such a use was incidental to its main normal use. The secretary of state refused a certificate, against the inspector’s advice, saying that such a use was not ordinarily incidental to use as a department store. The store appealed saying that the insertion of the word ‘ordinarily’ was an unlawful gloss on the statute.
Held: The statute must be followed. A change of use normally associated with the operation of department stores in general would not be material. A proposed use particular this store, and had significant planning consequences, would amount to a material change of use. Neighbours might reasonably expect it to be subjected to the scrutiny of the planning procedure.
Judges:
Lords Justice Schiemann and Sedley and Mr Justice Charles
Citations:
Gazette 21-Mar-2002, Times 03-Apr-2002
Statutes:
Town and Country Planning Act 1990 55(1), Town and Country Planning (Use Classes) Order 1987 A1
Jurisdiction:
England and Wales
Citing:
Cited – Lydcare Ltd v Secretary of State for the Environment, Transport and the Regions 1984
. .
Cited – Hussain v Secretary of State for the Environment, Transport and the Regions 1971
. .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 28 April 2022; Ref: scu.168076
