Cases - Rugby Football Union v Secretary of State for the Environment, Transport and the Regions

Record details

Name
Rugby Football Union v Secretary of State for the Environment, Transport and the Regions
Date
[2001]; [2002]
Citation
EWHC Admin 927; 4 PLR
Legislation
Keywords
Planning control - Use Classes Order
Summary

The RFU claimed that their proposed use of Twickenham as a concert venue was within class D2. This raised two related issues. Assuming a rugby football stadium is within class D2(e) as use for outdoor sport or recreation, was its use as a concert venue within class D2(b)? If not, was use as a concert venue a recreation within class D2(e)? The Court of Appeal held that an open stadium, not being an enclosed space within a building, could not be a 'concert hall' within class D2(b).

The Court also observed that as section 55(2)(f) provides an exception to the general principle that any material change of use is development, it follows that if a landowner wishes to rely upon the Use Classes Order, the burden of proof must be upon him to show that his change of use comes within it.