Cases - Tessier v Secretary of State for the Environment

Record details

Name

Tessier v Secretary of State for the Environment

Date

[1976]; (1975); (1975)

Citation

1 EGLR 137; 31 P&CR 161; 237 EG 117

Legislation

Town and Country Planning (Use Classes) Order 1972

Keywords

Planning control - Use Classes Order 1972

Summary

A barn had been used for some years as a sculptor's studio. It was equipped for this purpose with benches, an anvil and other equipment, and lead, brass and other material had been worked on. The barn was acquired by the appellant who used it for vehicle maintenance and servicing. He claimed that the use as a studio was a general industrial building under Class IV of the Use Classes Order 1972 and that the current use was within the same class.

In the Divisional Court Lord Widgery upheld the Secretary of State's finding that the studio use was sui generis. He also stated that the use classes should not be stretched to embrace activities which clearly did not fall within them.