Mitchell v SoS Environment and another
Mitchell v SoS Environment and another
- 1995
- Property and Compensation Reports (1995) 65 PCR 60-63(4) .
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.
BEDSITS
CHANGE OF USE
MATERIAL CONSIDERATIONS
MULTIPLE OCCUPATION
PLANNING PERMISSION
PLANNING POLICY GUIDANCE NOTE 3
PPG3
UNITARY DEVELOPMENT PLAN
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.
BEDSITS
CHANGE OF USE
MATERIAL CONSIDERATIONS
MULTIPLE OCCUPATION
PLANNING PERMISSION
PLANNING POLICY GUIDANCE NOTE 3
PPG3
UNITARY DEVELOPMENT PLAN