Application was made for a change of use for premises to Class B1 purposes. The draft local plan sought residential use of the premises. A lawful development certificate existed for Class B8 purposes. The applicant submitted at the Inquiry that, in the light of the Class B8 certificate, there was no prospect of residential development occurring.
Held: The appeal was dismissed. The main ground of challenge was that the Inspector had failed to apply the reasonable probability test to the residential use. The court reviewed the authorities and concluded:- ‘In the light of all these authorities I am satisfied that the British Waterways Board test should have been applied, and the Inspector should have asked himself whether, on the balance of probabilities, the premises would have been effectively applied to residential use if permission for B1 use was refused’. The Secretary of State accepted that the BWB test applied to ‘future use’ cases.
Judges:
Mr Nigel Macleod QC
Citations:
[1997] EWHC Admin 1107
Links:
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: 26 May 2022; Ref: scu.138052