Carroll v Secretary of State for Communities and Local Government and others

Town and country planning – Permission for development. The claimant challenged the decision of the inspector appointed by the first defendant Secretary of State to grant planning permission to the third defendant for the change of use from Class B8 to Class C3 of a property originally in Class B1. The Planning Court, in allowing the application, held, amongst other things, that the Secretary of State had acted unlawfully in failing to give an opportunity to comment on whether there had been a change of use from B1 to B8 and the merits of the appeal if the proposal had been considered as B8 to C3, rather than B1 to C3.

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