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Valentino v SSCLG [2015] EWHC 19 (Admin)

DATE: 14 Jan 2015

 

The basement, ground and first floors of a building were in retail use. The freeholder sought to rely on Class F of Part 3 of Schedule 2 of the GPDO to convert the first floor to residential use.  The retail tenant argued that the scheme would not involve a ‘mixed use’ for retail purposes and as a flat as required by the Order.  The flat would be entirely independent of the retail use and ‘mixed use’ should be construed to mean a composite use, since any other construction would render the phrase otiose.  Previous decision letters had applied this construction.  HHJ Sycamore disagreed.  He held that it was impossible for a ‘flat’ to be part of any composite use, since a ‘flat’ had to comprise entirely self-contained accommodation.     

Richard Langham appeared for the claimant, on a public access basis.