Eastleigh Borough Council, R (on the application of) v First Secretary of State & Anor [2004] EWHC 1408 (Admin) (28 May 2004)

Eastleigh Borough Council, R (on the application of) v First Secretary of State & Anor [2004] EWHC 1408 (Admin) (28 May 2004)

Intensification of use within the same Use Class (A1 shop) does not constitute a material change of use or development under the Town and Country Planning Act 1990, and cannot be enforced against in the absence of a planning condition limiting sales area. The Secretary of State was correct to grant the lawful development certificate.

Citation
[2004] EWHC 1408 (Admin)
Parties
Claimant: Eastleigh Borough Council; First Defendant: First Secretary of State; Second Defendant: Asda Stores
Jurisdiction
England and Wales
Judgment Date
28 May 2004
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Lawful Development Certificate, Material Change of Use, Use Classes Order, Intensification of Use, Planning Conditions
Planning Law Administrative Law Lawful Development Certificate Material Change of Use Use Classes Order Intensification of Use Planning Conditions

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Parties

Eastleigh Borough Council

Claimant

First Secretary of State

First Defendant

Asda Stores

Second Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the construction of a mezzanine floor and its use for retail sales constitutes a material change of use under the Town and Country Planning Act 1990
  2. 2 Whether intensification of use within the same Use Class can be enforced against absent planning conditions limiting sales area

Ratio Decidendi

Intensification of use within the same Use Class (A1 shop) does not constitute a material change of use or development under the Town and Country Planning Act 1990, and cannot be enforced against in the absence of a planning condition limiting sales area. The Secretary of State was correct to grant the lawful development certificate.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • Costs of £3,620 awarded to the First Secretary of State