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In this case an enforcement notice alleged a change of use to a mixed A3/shisha smoking use. The principal issue under ground (a) was whether the development breached a policy against the loss of A1 premises.  The Inspector effectively held that whether this policy was applicable depended on the nature of the s57(4) use.  Because this was not an A1 use he held that policy had not been breached.  He quashed the enforcement notice.

Richard Langham appeared for the local planning authority.

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