ABSTRACT
So far, this chapter has concentrated on issues where there has been a change of use, or an alleged change. This leaves the unresolved problem – can an existing use so change its character by intensification that it may constitute a change of use by virtue of the additional impact it has either on the character of the site, or its surroundings? It has been established that a material change in the use of a building or land can occur through intensification of the existing lawful use. The issue in such cases is not simply that intensification has occurred but the degree of intensification. This was made clear by Donaldson LJ in Royal Borough of Kensington and Chelsea v Secretary of State and Mia Carla Ltd [1981] JPL 50 where it was stated that planners had to try to establish what constituted a change of use by intensification by reference to the terminus a quo (the starting point) and the terminus ad quem (the end point). Having established these facts, a judgment has to be made as to whether the degree of intensification amounts to a change of use which requires the submission of a planning application.
