ABSTRACT

The interpretation of the content of the Use Classes Order (UCO) is subject to challenge by both planning authorities and developers, each for contrasting reasons: local planning authorities (lpas) frequently seek to narrow the degree of flexibility in changes of use which is provided; developers seek maximum 'elasticity'. As a result of the decision in Corporation of City of London v Secretary of State and Another, which required the premises be used for no other use than that of an employment agency, an lpa may, on the granting of planning permission, impose conditions which will preclude the use of the building or land changing from the use permitted to any other use within the same use class. The grant of planning permission for the erection of a building will automatically place the subsequent building within a particular use class, unless the proposed use of the building is a sui generis.