Belmont Riding Centre v First Secretary of State & Anor

Belmont Riding Centre v First Secretary of State & Anor

The inspector was entitled to find that the former riding centre use had ceased and that the predominant use was now stabling of horses. Even if the riding centre activities existed, they formed part of a mixed use which does not fall within the Use Classes Order, so the exception in s.55(2)(f) does not apply. A change to a health and fitness club would amount to a material change of use requiring planning permission. The claim was therefore dismissed.

Parties
Claimant: Belmont Riding Centre; First Defendant: First Secretary of State; Second Defendant: London Borough of Barnet
Jurisdiction
England and Wales
Judgment Date
29 July 2003
Procedural Posture
Judicial Review / Statutory Challenge (planning) / Judgment on Claim Under S.288 Town and Country Planning Act 1990
Outcome
Claim dismissed
Legal Topics
Lawful Development Certificate, Material Change of Use, Use Classes Order, Mixed Use, Burden of Proof in Planning Applications
Planning Law Administrative Law Lawful Development Certificate Material Change of Use Use Classes Order Mixed Use Burden of Proof in Planning Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Belmont Riding Centre

Claimant

First Secretary of State

First Defendant

London Borough of Barnet

Second Defendant

Procedural Posture

Judicial Review / Statutory Challenge (planning) / Judgment on Claim Under S.288 Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the inspector erred in finding that the former riding centre use had ceased on the application site
  2. 2 Whether the inspector failed to consider if the proposed use would involve a material change of use
  3. 3 Whether a change from one Class D2 use to another within a mixed use planning unit requires planning permission

Ratio Decidendi

The inspector was entitled to find that the former riding centre use had ceased and that the predominant use was now stabling of horses. Even if the riding centre activities existed, they formed part of a mixed use which does not fall within the Use Classes Order, so the exception in s.55(2)(f) does not apply. A change to a health and fitness club would amount to a material change of use requiring planning permission. The claim was therefore dismissed.

Court Disposition

Claim dismissed

Orders

  • The challenge to the inspector’s decision fails and the claim is dismissed.