West Suffolk Council v Secretary of State for Levelling Up, Housing and Communities & Ors [2025] EWHC 861 (Admin) (10 April 2025)

West Suffolk Council v Secretary of State for Levelling Up, Housing and Communities & Ors [2025] EWHC 861 (Admin) (10 April 2025)

The Inspector's interpretation and application of Class E(e) and Class E(g)(ii) were correct as a matter of law and planning judgment. Clinical services provided by AHT on a referral basis were to visiting members of the public, and research and development activities, including research papers, fell within Class E(g)(ii).

Citation
[2025] EWHC 861 (Admin)
Parties
Claimant: West Suffolk Council; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Lochailort Kentford Limited; Third Defendant: The Jockey Club
Jurisdiction
England and Wales
Judgment Date
10 April 2025
Procedural Posture
Statutory Review Under Section 288 Town and Country Planning Act 1990 / Judgment After Rolled Up Hearing
Outcome
Claim dismissed
Legal Topics
Interpretation of Use Classes Order, Lawful Development Certificate, Statutory Review, Research and Development Classification, Provision of Medical or Health Services
Planning Law Administrative Law Interpretation of Use Classes Order Lawful Development Certificate Statutory Review Research and Development Classification Provision of Medical or Health Services

Case Brief

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Parties

West Suffolk Council

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

Lochailort Kentford Limited

Second Defendant

The Jockey Club

Third Defendant

Procedural Posture

Statutory Review Under Section 288 Town and Country Planning Act 1990 / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether clinical services provided by AHT fall within Class E(e) of the Use Classes Order
  2. 2 Whether research and development activities at the Site fall within Class E(g)(ii) of the Use Classes Order

Ratio Decidendi

The Inspector's interpretation and application of Class E(e) and Class E(g)(ii) were correct as a matter of law and planning judgment. Clinical services provided by AHT on a referral basis were to visiting members of the public, and research and development activities, including research papers, fell within Class E(g)(ii).

Court Disposition

Claim dismissed

Orders

  • Permission to apply for statutory review granted
  • Claim for planning statutory review dismissed