Mitchell v SoS Environment and another
Language: English Series: Property and Compensation Reports ; (1995) 65 PCR 60-63(4)Publication details: 1995Subject(s): Summary: CA 16 June 1994. M had applied to the council (K) for change of use on a property from 20 bedsitting rooms in multiple occupation to seven flats. K failed to determine the application in the prescribed time and M appealed to the SoS. K`s policy to resist such changes of use was not incorporated into the current development plan but was set out in a draft unitary development plan and in written submissions. SoS dismissed the appeal and refused permission, on the grounds of a need for cheap mulitple occupation housing in the area. M challenged this on the grounds that the policy of the council was not a material consideration. M claimed that the SoS had based the decision on cost and type of tenure and had sought to cast some of K`s public housing obligation onto the private sector. The decision was quashed. SoS`s appeal allowed; the need for housing is a well established material consideration in planning terms.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS52351 (Browse shelf(Opens below)) | 1 | Available | 74304-1001 |
CA 16 June 1994. M had applied to the council (K) for change of use on a property from 20 bedsitting rooms in multiple occupation to seven flats. K failed to determine the application in the prescribed time and M appealed to the SoS. K`s policy to resist such changes of use was not incorporated into the current development plan but was set out in a draft unitary development plan and in written submissions. SoS dismissed the appeal and refused permission, on the grounds of a need for cheap mulitple occupation housing in the area. M challenged this on the grounds that the policy of the council was not a material consideration. M claimed that the SoS had based the decision on cost and type of tenure and had sought to cast some of K`s public housing obligation onto the private sector. The decision was quashed. SoS`s appeal allowed; the need for housing is a well established material consideration in planning terms.