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 closed area. Nor were attendees at such concerts or concert players taking place in ‘Other outdoor sport or recreation’ under D2(e).
Judges:
Ouseley J
Citations:
Times 08-Nov-2001
Statutes:
Town and Country Planning Act 1990 192, Town and Country Planning (Use Clauses) Order 1987 (1987 No 764) Class D2
Jurisdiction:
England and Wales
Cited by:
At QBD – 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 . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 12 May 2022; Ref: scu.166840
