Windsor and Maidenhead Royal Borough Council v Secretary of State for the Environment Transport and the Regions and Another: QBD 15 Feb 2001

The applicant sought permission to demolish two buildings and erect offices. One part of one building had permission for A2 office use, and on appeal, the inspector found that change of use had been implemented. The claimant asserted that this was only a fallback permission, and the inspector had to allow for the applicant’s ability to complete that change of use. It was held that the inspector could allow for the permission being a fallback use, but the change had been implemented by a bona fide lease. He had not suggested at the inquiry that the fallback use might not be implemented. The inspector had been under no obligation to make any express finding on the issue, and the appeal failed.

Citations:

Gazette 15-Feb-2001

Statutes:

Town and Country Planning Act 1990 288

Jurisdiction:

England and Wales

Planning

Updated: 10 April 2022; Ref: scu.90566