Cases - Cawley v Secretary of State for the Environment and Vale Royal District Council

Record details

Name
Cawley v Secretary of State for the Environment and Vale Royal District Council
Date
[1990]
Citation
2 PLR 90
Keywords
Planning control
Summary

The appellant owned open land which had planning permission for use as a garden centre. He began to use the land for the sale of caravans, claiming that both uses were within class A1.

The judge noted that subordinate legislation is laid before Parliament by the relevant minister. So the heading 'shops' was part of the language used by the maker of the Order. Therefore class A1 only applies to buildings. To hold that it applied to open land would make a nonsense of the word 'shops'.