Harrods Ltd v Secretary of State for the Environment & Anor [2002] EWCA Civ 412 (07 March 2002)

Harrods Ltd v Secretary of State for the Environment & Anor [2002] EWCA Civ 412 (07 March 2002)

The proposed helicopter use of Harrods' roof is not ordinarily incidental to retail use and constitutes a material change of use, requiring planning permission; the proper test is what is ordinarily incidental to shops generally, not to the specific shop.

Citation
[2002] EWCA Civ 412
Parties
Appellant: Harrods Limited; First Respondent: Secretary of State for the Environment, Transport and the Regions; Second Respondent: Royal Borough of Kensington and Chelsea
Jurisdiction
England and Wales
Judgment Date
07 March 2002
Procedural Posture
Appeal From Administrative Court / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Material Change of Use, Incidental/ancillary Use, Use Classes Order, Planning Permission
Planning Law Administrative Law Material Change of Use Incidental/ancillary Use Use Classes Order Planning Permission

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Parties

Harrods Limited

Appellant

Secretary of State for the Environment, Transport and the Regions

First Respondent

Royal Borough of Kensington and Chelsea

Second Respondent

Procedural Posture

Appeal From Administrative Court / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the proposed helicopter use of Harrods' roof constitutes a material change of use requiring planning permission
  2. 2 Proper test for 'ordinarily incidental' use under planning law

Ratio Decidendi

The proposed helicopter use of Harrods' roof is not ordinarily incidental to retail use and constitutes a material change of use, requiring planning permission; the proper test is what is ordinarily incidental to shops generally, not to the specific shop.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay Secretary of State's costs
  • Application for permission to appeal to House of Lords refused