Eastleigh Borough Council, R (on the application of) v First Secretary of State & Anor

Eastleigh Borough Council, R (on the application of) v First Secretary of State & Anor

Intensification of use by increasing retail sales area within the same Use Class (A1 shop) does not constitute a material change of use or unlawful development under the Town and Country Planning Act 1990, and cannot be enforced against in the absence of specific planning conditions limiting sales area.

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 / Judgment
Outcome
Application dismissed
Legal Topics
Lawful Development Certificate, Material Change of Use, Use Classes Order, Intensification of Use
Planning Law Administrative Law Lawful Development Certificate Material Change of Use Use Classes Order Intensification of Use

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Parties

Eastleigh Borough Council

Claimant

First Secretary of State

First Defendant

Asda Stores

Second Defendant

Procedural Posture

Judicial Review / 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 as unlawful development

Ratio Decidendi

Intensification of use by increasing retail sales area within the same Use Class (A1 shop) does not constitute a material change of use or unlawful development under the Town and Country Planning Act 1990, and cannot be enforced against in the absence of specific planning conditions limiting sales area.

Court Disposition

Application dismissed

Orders

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