Secretary of State for Transport, Local Government and the Regions v Waltham Forest London Borough Council: CA 15 Mar 2002

The house owner sought a lawful use certificate. He wished to use the house as sheltered housing for six people recovering from mental illness, with support from a resident carer. The rules allow such a certificate where there would be a total of six people living in the property. The local authority refused the certificate on the basis that there would be seven people living there including the carer. The inspector granted it on the basis that the change would not be so substantial as to amount to a material change of use.
Held: The inspector was correct. The difference was not sufficient to make the change of use substantial. The comparison should be between the existing use and the proposed use, and there was no notional intermediate level of permitted use. If section 192 did affect the owner’s human rights the section was a proportionate and legitimate interference.
Lords Justice Schiemann, Tuckey and Jonathan Parker
Gazette 11-Apr-2002, [2002] EWCA Civ 330, [2002] 13 EG 99, [2002] 2 PLR 83, [2002] JPL 1093
Town and Country Planning Act 1990 55 192
England and Wales

Updated: 26 January 2021; Ref: scu.170076