Cases - Petticoat Lane Rentals Ltd v Secretary of State for the Environment
Record details
- Name
- Petticoat Lane Rentals Ltd v Secretary of State for the Environment
- Date
- [1971]
- Citation
- 2 AII ER 793
- Legislation
- Keywords
- Planning control
- Summary
-
A cleared bombsite had been used for market trading for many years. In 1963 planning permission was granted for the erection of a building on the site. The building was constructed on pillars so that the ground floor was unenclosed and was, according to the planning permission, to be used for car parking and, on Sundays, for market trading. After the building was erected, the local planning authority took enforcement action in respect of the use of the ground floor for market trading on weekdays. The appellant, who had a lease of the ground floor, claimed the benefit of existing use rights.
The High Court held that the erection of the building had extinguished the existing use rights. An entirely new planning unit with no planning history had been created. Thereafter any use is a change of use that can be restrained by planning control, unless authorised by the permission.