Winchester City Council, R (on the application of) v Secretary Of State for Communities & Local Government & Anor

Winchester City Council, R (on the application of) v Secretary Of State for Communities & Local Government & Anor

The Inspector was entitled to find that the production of SPF eggs at Torbay Farm was 'incidental to' the industrial process of vaccine manufacture, even though the latter occurred elsewhere, and thus the use fell within Class B1(c) of the Use Classes Order. The authorities on planning units are not relevant to the interpretation of 'industrial process' in this context.

Parties
Claimant: Winchester City Council; First Defendant: Secretary of State for Communities and Local Government; Interested Party: Wickham Laboratories Ltd
Jurisdiction
England and Wales
Judgment Date
20 September 2007
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Interpretation of 'industrial Process', Use Classes Order, Certificate of Lawful Use or Development, Planning Unit Definition
Planning Law Administrative Law Interpretation of 'industrial Process' Use Classes Order Certificate of Lawful Use or Development Planning Unit Definition

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Parties

Winchester City Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Wickham Laboratories Ltd

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the production of Specific Pathogen Free (SPF) eggs at Torbay Farm constitutes an 'industrial process' under Article 2 of the Town and Country Planning (Use Classes) Order 1987
  2. 2 Whether 'incidental to' in the definition of 'industrial process' requires the primary and incidental uses to be on the same planning unit

Ratio Decidendi

The Inspector was entitled to find that the production of SPF eggs at Torbay Farm was 'incidental to' the industrial process of vaccine manufacture, even though the latter occurred elsewhere, and thus the use fell within Class B1(c) of the Use Classes Order. The authorities on planning units are not relevant to the interpretation of 'industrial process' in this context.

Court Disposition

Application dismissed

Orders

  • Application for judicial review dismissed
  • Secretary of State awarded costs summarily assessed at £5,792