Valentino Plus Ltd v Secretary of State for Communities and Local Government & Ors [2015] EWHC 19 (Admin) (14 January 2015)

The GPDO as amended permits a change of use resulting in separate planning units for retail and up to two self-contained flats within the same building; 'mixed use' does not require a single planning unit. The Inspector correctly applied the law and statutory purpose.

Citation: [2015] EWHC 19 (Admin)
Parties: Claimant: Valentino Plus Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Rod Cowan; Third Defendant: Eames London Estates Limited; Fourth Defendant: Royal Borough of Kensington and Chelsea
Jurisdiction: England and Wales
Judgment Date: 14 January 2015
Procedural Posture: Judicial Review / Judgment on Application to Quash Decision
Outcome: Application dismissed
Legal Topics: Certificate of Lawful Use or Development, Statutory Interpretation, Permitted Development Rights, Mixed Use, Planning Units

Planning Law Administrative Law Certificate of Lawful Use or Development Statutory Interpretation Permitted Development Rights Mixed Use Planning Units

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Valentino Plus Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Rod Cowan

Second Defendant

Eames London Estates Limited

Third Defendant

Royal Borough of Kensington and Chelsea

Fourth Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Decision

Legal Issues

1 Whether 'mixed use' in Class F of Part 3 Schedule 2 of the GPDO requires a single planning unit or permits separate planning units
2 Whether the Inspector's interpretation of 'mixed use' was correct under the GPDO as amended

Ratio Decidendi

Court Disposition

Application dismissed