North Cornwall District Council v Secretary of State for Transport, Local Government and the Regions and another: QBD 28 Oct 2002

A licensee of a shop erected a stand outside to attract buyers. The authority issued enforcement notices as regards the change of use to retail shop, and for the use of the stand. The inspector found that the change of use of the premises was within the use class, and the stand was permitted as a temporary structure. The council appealed.
Held: Appeal dismissed. The interpretation of what constituted a display window sought by the council was too narrow. The change of use was not outwith a change permitted by the Order. The stand could be seen as part of operations necessary in undertaking that change.

Judges:

Mr Justice Sullivan

Citations:

Gazette 14-Nov-2002

Statutes:

Town and Country Planning (General Permitted Development) Order 1995

Jurisdiction:

England and Wales

Planning

Updated: 26 May 2022; Ref: scu.178146