Mixed Use is a Matter of Fact

Changes of use within the same 'use class' do not normally require full planning permission to be granted. Accordingly, when a mixed-use development is proposed, it is important to ascertain which use will be the primary use.

A recent dispute concerned a site which had originally been given planning permission under category A1, which covers retail premises, for use as a car dealership with an attached workshop. The owner applied for a lawful development certificate to change the use of the workshop to a retail licensed sex shop.

Permission was refused by the planning inspector, who decided that as a matter of fact the original permission was for mixed use and that the workshop was ancillary to the trade of motor car sales.

The claimant argued that any other activity was allowed provided it was in conjunction with the main use of the site and was ancillary to it.

The decision was appealed in court and the planning inspector's decision was upheld.

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