Source: All England Reporter
Publisher Citation: [2002] All ER (D) 245 (Jan)
Court: Administrative Court

Ouseley J

Representation Anna Mathias (instructed by Piper Smith & Basham) for the appellant.
  Philip Coppel (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 28 January 2002


Town and country planning - Development - Material change of use - Council granting conditional planning permission for conversion of premises into flats - Condition that flats to be used as sheltered accommodation for elderly persons - Flats let at market rent - Owner applying for removal of condition - Inspector ruling condition not to be removed - Whether inspector in error.

The Case

In an appeal against the decision of a planning inspector that a condition of planning permission to convert a building into flats that the flats should be used solely for sheltered accommodation for elderly persons should not be removed, it was held that the inspector had not erred in dismissing the appeal since, in light of the fact that there was a policy that there should be sufficient sheltered housing in the area, he had been entitled to conclude that the appellant had not shown that there was not a demand for sheltered accommodation for the elderly in the area.

Practice Areas

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