Cases - Harrods Ltd v Secretary of State for the Environment, Transport and the Regions
Record details
- Name
- Harrods Ltd v Secretary of State for the Environment, Transport and the Regions
- Date
- [2002]
- Citation
- EWCA Civ 412
- Legislation
- Keywords
- Planning control
- Summary
-
Harrods claimed that the use of the store roof, for the taking off and landing of a helicopter for its chairman to get to and from work, was ancillary as there was a functional connection between the landing pad and the primary use. The local authority claimed that the use of the roof in this way was a material change of use and the Secretary of State agreed.
In upholding the Secretary of State's decision Lord Justice Schiemann said:
'The right approach is to see what shops in general have as reasonably incidental activities.'
His reasoning was that:
'... if what an appellant wants to introduce is not generally associated with what goes on in shops then it seems probable that Parliament intended that neighbours should have the chance to object to the grant of planning permission and thus force the owner to go through the appropriate procedures to get his planning permission.'