Cases - Somak Travel v Secretary of State for the Environment and Brent LBC

Record details

Name
Somak Travel v Secretary of State for the Environment and Brent LBC
Date
(1988)
Citation
55 P&CR 250
Keywords
Planning control
Summary

The appellant operated a travel agency on the ground floor of a building. The first and second floors were used for residential accommodation. The appellant converted these floors into office space and installed a spiral staircase to connect the ground floor with the first floor. The LPA served an enforcement notice alleging a material change of use and requiring the spiral staircase to be removed. If the staircase were not removed, the first floor would be unlettable as it would be open to the ground floor with no privacy or security.

The appellant claimed that, as the erection of a spiral staircase did not require planning permission (being internal works) an enforcement notice could not lawfully require its removal.

The court held that it was lawful to require its removal. It was integral to, or part and parcel of, the change from residential to office use.