Source: All England Reporter
Publisher Citation: [2002] All ER (D) 90 (Jul)
Court: Administrative Court

George Bartlett QC sitting as a deputy judge of the High Court

Representation John Steel QC and Robert White (instructed by Charles Russell) for the claimant.
  John Litton (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 5 July 2002


Town and country planning - Permission for development - Refusal - Appeal - Claimant seeking planning permission for change of use from class A1 to a class A3 café/bar - Local planning authority refusing permission on ground of probability of increased crime and disorder - Secretary of State's inspector dismissing appeal considering it was not possible to forecast the type of bar to be operated - Claimant submitting that conditions on operations of bar a matter for matter for licensing justices - Whether inspector in error.

The Case

The Secretary of State's planning inspector had been entitled to dismiss a claimant's appeal for a change of use from A1 to A3 caf-bar, in circumstances where he considered it was not possible to forecast the type of bar that the claimant would operate, and he had not been required by policy to grant permission and leave the conditions to be imposed to the licensing justices.

Practice Areas

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