Valentino Plus Ltd v Secretary of State for Communities and Local Government & Ors

The GPDO permits a change of use from a single planning unit to up to three planning units (one retail and two flats), and does not require a functional relationship between the uses. The Inspector correctly interpreted 'mixed use' to mean a number of uses in the same building, even if physically and functionally separate.

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 / Final Judgment
Outcome: Application dismissed
Legal Topics: Certificate of Lawful Use or Development, Statutory Interpretation, Mixed Use, General Permitted Development Order

Planning Law Certificate of Lawful Use or Development Statutory Interpretation Mixed Use General Permitted Development Order

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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 / Final Judgment

Legal Issues

1 Whether 'mixed use' under Class F of Part 3 Schedule 2 of the General Permitted Development Order requires a single planning unit with functional relationship between uses
2 Whether the Inspector correctly interpreted the GPDO to permit physically and functionally separate planning units

Ratio Decidendi

Court Disposition

Application dismissed