The ground floor of the building was occupied by various food and retail outlets as well as the entrance to a main railway station. The three upper floors had last been used as offices which the council did not dispute. However, it claimed that the ground floor uses were incidental or ancillary to the office space and consequently Class O did not apply.
The inspector disagreed, concluding that there was no functional or physical inter-relationship, the various uses being completely separate. While parts of the office space had bene used for one-off events of short duration, this had not supplanted their lawful use. No objections were raised on transportation, noise or flood risk and therefore the change of use was permitted.
Inspector: Alexander Walker; Written representations