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Planning unit case law

Browse 19 cases in the Planning Geek Case Law Library concerning Planning unit.

Welwyn Hatfield Borough Council v Secretary of State for Levelling Up, Housing and Communities & Anor [2022] EWHC 3175 (Admin)

Welwyn Hatfield C4 HMO is a useful Planning Court judgment on whether a converted house containing a mixture of self-contained bedsits and shared accommodation can still operate as one C4 HMO dwellinghouse. The answer depends on fact and degree. On the evidence in this case, the shared facilities serving all occupiers supported the Inspector’s conclusion that the property remained one C4 planning unit.

R (Ocado Retail Ltd) v London Borough of Islington [2021] EWHC 1509 (Admin)

Ocado CLEUD revocation is an important Planning Court case on revoking a certificate of lawful existing use, the applicant’s disclosure burden and whether an accrued lawful use can be lost by later non-use. Ocado won one significant point of law, but the judicial review was dismissed overall because Islington’s revocation remained supported by independent grounds.

Main v Secretary of State for the Environment and South Oxfordshire District Council (1998) 77 P&CR 300

Main lawful development certificate is a useful High Court authority on composite uses and the precision required when a certificate of lawful existing use describes what is lawful on a site. The court held that haulage and skip-hire activities at a scrapyard could not simply be dismissed as ancillary because they were relatively small compared with the dominant scrap business. They were capable of being independent primary activities within a composite use, and the certificate had to describe the lawful use accurately.