SAN Investments Ltd v Secretary of State for Communities and Local Government & Anor

Paragraph 22 NPPF was not applicable because the site was not allocated for employment use in the development plan; the Inspector was correct in law to apply paragraph 51 NPPF and to find that the harm to the conservation area outweighed the benefits of the proposed change of use.

Parties: Claimant: SAN Investments Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Birmingham City Council
Jurisdiction: England and Wales
Judgment Date: 09 November 2016
Procedural Posture: Judicial Review / Renewed Application for Permission
Outcome: Application dismissed
Legal Topics: Change of Use, National Planning Policy Framework, Conservation Areas, Development Plans, Judicial Review

Planning Law Administrative Law Change of Use National Planning Policy Framework Conservation Areas Development Plans Judicial Review

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Parties

SAN Investments Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Birmingham City Council

Second Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

1 Whether the Planning Inspector erred in law in dismissing the applicability of paragraph 22 NPPF to the claimant's application for change of use from commercial to residential in a conservation area
2 Whether the Inspector failed to give adequate reasons in relation to paragraph 22 NPPF

Ratio Decidendi

Court Disposition

Application dismissed