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Waltham Forest LBC v Secretary of State [2002] EWCA Civ 330, [2002] JPL 1093

DATE: 15 Mar 2002

 

The Court of Appeal upheld a decision of Sullivan J which overturned an Inspector’s decision to grant a CLOPUD for use of a dwellinghouse by seven persons living together as a single household. The Inspector had no evidence about the present use of the premises beyond the fact that it was in C3 use.  He reasoned that the premises could be used for six persons living together as a single household within Class C3 and that the proposed use would not be materially different to this.  The Court of Appeal held that, while planning permission would not be required for a change to a six person C3 use from a materially less intense C3 use or for a change from a six person C3 use to the proposed use, it was not possible to make a change from the materially less intense C3 use to the proposed use in a single step.

Richard Langham appeared for the local planning authority.