||All England Reporter
|| All ER (D) 268 (Jul)
||Court of Appeal, Civil Division
Schiemann, Longmore LJJ and Ferris J
||Christopher Lockhart-Mummery QC and Thomas Hill (instructed by Denton Wilde Sapte) for the claimant.
||Tim Mould (instructed by the Treasury Solicitor) for the Secretary of State.
||17 July 2002
Town and country planning - Development - Use classes - Use of stadium as concert venue - Judge finding an un-roofed stadium not capable of being used as a concert hall - Judge finding use for a concert not a use for outdoor recreation - Whether outdoor recreation necessarily requiring physical activity - Town and Country Planning (Use Classes) Order 1987, Sch D(2).
A judge had been entitled to find, for the reasons he had given, that the spectators watching a sporting event or a concert would not be engaging in an outdoor recreation for the purposes of class D(2)(e) of the Town and Country Planning (Use Classes) Order 1987, and he had therefore been right to uphold the Secretary of State's decision to refuse the claimant a certificate of proposed lawful use in order to use a rugby stadium as a venue for concerts.
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