The land owner sought a certificate of lawful use for its Rugby Stadium which had been used as a concert stadium.
Held: The court must look to the Order to see whether the proposed use fell within the same use class as the existing use. A sports stadium use was class D2(e), but a concert could not be regarded as use within class D2(b), since an open air ground was not a concert hall, and nor was use for concerts ‘other sport or recreation’. If the class was not limited to exclude concerts the rest of the paragraph would be otiose.
Lord Justice Schiemann, Lord Justice Longmore and Mr Justice Ferris
Times 13-Aug-2002,  EWCA Civ 1169
England and Wales
At QBD – Rugby Football Union v Secretary of State for the Environment, Transport and the Regions and Another QBD 25-Oct-2001
The owners of a rugby football stadium were not entitled to a certificate of lawfulness of a proposed use under the section, for the use of the stadium as an open air concert hall. The idea of a concert hall required the idea that it should be a . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 June 2022; Ref: scu.174699