Casebook: Appeal cases - Retail development - Centre floorspace wins lawful retail use

An inspector has granted a lawful development certificate for retail use of part of the ground floor of a Bournemouth shopping centre, despite council claims that that the two areas involved were not identified for shopping when planning permission was granted in 1999 or in subsequent amendments to the permission.

The inspector decided that the disputed areas were designed for retail use and formed part of a single planning unit. He noted that although a condition had been imposed limiting the total amount of floorspace that could be provided in the centre, this had subsequently been removed. Thus the use of an additional 7,500m2 would not involve a material change in the nature of the shopping centre, he ruled.

DCS No: 30524885; Inspector: Christopher Craig; Inquiry.

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