Cases - Young v Secretary of State for the Environment
Record details
- Name
- Young v Secretary of State for the Environment
- Date
- [1983]
- Citation
- 2 AC 662
- Legislation
- Keywords
- Planning control - Use Classes Order 1972
- Summary
-
A large building was used as a laundry. This use fell within Class IV of the Use Classes Order 1972 (general industrial building). In 1969 the use changed to food processing within Class III (light industrial use). Such a change was permitted development. In 1970 the use reverted to that of a laundry and in 1977 the building was put back to light industrial use (the business of an insulating contractor).
The House of Lords determined that the reversion back to laundry use was development requiring planning permission. This meant that the building had no lawful use without obtaining planning permission (except for impractical uses such as agriculture) for to change back to light industrial use again would not be permitted by the GDO 1977. This was because it would be a change from an unlawful laundry use. So the current light industrial use was unlawful even though it was within Class III and the original use had been within Class IV.
(This decision has now been given statutory force in article 3(5)(b) of the GPDO, which provides that the Order is of no effect if the existing use is unlawful. Article 3(5)(a) is a similar provision about development in connection with an unlawful building operation.)