Rugby Football Union v Secretary of State for the Environment, Transport and the Regions and Another: CA 17 Jul 2002

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.

Judges:

Lord Justice Schiemann, Lord Justice Longmore and Mr Justice Ferris

Citations:

Times 13-Aug-2002, [2002] EWCA Civ 1169

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 192, Town and Country Planning (Use Classes Order) 1987 (SI 1987 No 764)

Jurisdiction:

England and Wales

Citing:

At QBDRugby 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.

Planning

Updated: 06 June 2022; Ref: scu.174699