Three conditions as applied to different units had been imposed under different planning permissions. The appellants argued that none of the conditions specifically excluded rights provided under the Use Classes Order (UCO) 1987 and the Town and Country Planning Act 1990 (1990 Act). They relied on Carpet Décor (Guildford) Ltd v Secretary of State for the Environment and Guildford Borough Council (17/7/81) together with Dunoon Developments v Secretary of State for the Environment and Poole Borough Council (18/2/92) in alleging that to exclude the statutory provisions the conditions had to make explicit reference to them and none of them did so.
In relation to the first condition which stipulated that the store should not be used otherwise than in respect of a specified range of goods, the inspector concluded that the wording was clear, and when fairly read in the context of the permission as a whole, that the sale of goods was limited to those listed within the condition itself. The fact that it did not make explicit reference to the UCO did not mean that the terms of the order were not excluded.
The two other conditions, while worded slightly differently, stated that the premises ‘shall only be used’ for a specified range of goods. This was the equivalent of stating that they should not be used for any other purpose and informed a reasonable reader that the statutory provisions of the Use Classes Order and 1990 Act were excluded. Consequently, selling goods outside of those specified in the conditions would require permission and the certificates were all rejected.
Inspector Graham Dudley; Hearing