Cases - Lydcare Ltd v Secretary of State for the Environment
Record details
- Name
- Lydcare Ltd v Secretary of State for the Environment
- Date
- [1984]; (1985); (1984)
- Citation
- 2 EGLR 180; 49 P&CR 186; 272 EG 175
- Legislation
- Keywords
- Planning control - Use Classes Order 1972
- Summary
-
The appellant began to use the basement of a shop for the viewing of films in eight coin-operated cubicles. Such a use was not ancillary, so it was contended instead that, so long as the primary use was still retail, the use was still as a shop. Thus the film use, even though a material change, would not take the premises outside the use class.This contention was based on the wording of the Use Classes Order 1972, which included the phrase: 'wherein the primary purpose is selling of goods by retail'.
The contention was not accepted by the Court of Appeal. The words 'primary purpose' were restrictive, not enlarging.
(The wording of the current order renders this argument clearly unsustainable.)