The applicant appealed refusal of the grant of a lawful use certificate, for the helicopter landing pad on the roof of their premises for use by the chairman. The issue was whether the use was such as to constitute an ancillary use. A restrictive interpretation so as to include the words ‘ordinarily incidental’ would support Parliament’s intention that material changes of use should be subject to planning control. The proper test was ‘ordinarily incidental/ancillary,’ not ‘incidental/ancillary’. The appeal was refused.
Judges:
Sullivan J
Citations:
Times 15-Nov-2001
Jurisdiction:
England and Wales
Planning
Updated: 28 April 2022; Ref: scu.166806
