ABSTRACT

This wording in B.8 replaced that in the 1972 Order which read ‘use as a wholesale warehouse or repository for any purpose.’ The change is significant as a ‘wholesale warehouse’ will generally fall within A.1 shops however much floorspace is used for storage purposes. There is no implied use of the premises for a shop except to a limited incidental extent (see Decorative and Caravan Paints Ltd v Minister of Housing and Local Government (1970) 214 EG 1355; Monomart Warehouses Ltd v Secretary of State (1977) 34 P & CR 305). By the same token, it would not include a cash and carry warehouse (LTSS Print and Supply Services v London Borough of Hackney [1976] 1 QB 663; 1 All ER 311; 2 WLR 253).