Cases - Birmingham Corporation v Minister of Housing and Local Government and Habib Ullah

Record details

Name

Birmingham Corporation v Minister of Housing and Local Government and Habib Ullah

Date

[1964]

Citation

1 QB 178

Keywords

Planning control

Summary

In this case there was a change from a single-dwellinghouse to a house in multiple occupation (a house-let-in-lodgings). The local planning authority served an enforcement notice alleging a material change of use and on appeal the Minister quashed the notice. The Minister's approach was that there can, as a matter of law, be no material change of use where a house is still used as a place where people dwell, albeit the purpose for which the house is used is different.

In the Divisional Court, Lord Parker CJ said that the minister had erred in law. He referred to his own decision in the East Barnet case where he had asked the question:

'Does one consider the general purpose or does one have to descend to the particular and say: Was the particular purpose different?'

This question is one of fact and degree to be answered on the evidence in the case. He stated that:

'it would be very odd if one could not go further than merely determine that because it is residential that is an end of the matter.'