West Suffolk Council v Secretary of State for Levelling Up, Housing and Communities & Ors

West Suffolk Council v Secretary of State for Levelling Up, Housing and Communities & Ors

The Inspector did not err in law in finding that specialist veterinary services provided on referral were provided 'principally to visiting members of the public' within Class E(e), nor in finding that research and development activities, including publication of research papers, fell within Class E(g)(ii). The challenge fails on both grounds.

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
04 October 2025
Procedural Posture
Statutory Review Under Section 288 Town and Country Planning Act 1990 / Judgment After Rolled Up Hearing on Permission and Merits
Outcome
Claim dismissed
Legal Topics
Interpretation of Use Classes Order, Lawful Development Certificate, Judicial Review, Statutory Construction
Planning Law Administrative Law Interpretation of Use Classes Order Lawful Development Certificate Judicial Review Statutory Construction

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 on Permission and Merits

Legal Issues

  1. 1 Whether specialist veterinary clinical services provided on referral basis fall within Class E(e) of the Use Classes Order as 'medical or health services, principally to visiting members of the public'
  2. 2 Whether research and development activities, including publication of research papers, fall within Class E(g)(ii) as 'research and development of products or processes'

Ratio Decidendi

The Inspector did not err in law in finding that specialist veterinary services provided on referral were provided 'principally to visiting members of the public' within Class E(e), nor in finding that research and development activities, including publication of research papers, fell within Class E(g)(ii). The challenge fails on both grounds.

Court Disposition

Claim dismissed

Orders

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