R (on the application of Hourhope Ltd) v Shropshire Council

Local government – Community charge. The claimant developer sought judicial review of the defendant local authority's decision to refuse to amend the amount of community infrastructure levy it had charged. The Planning Court, in dismissing the application, held that, on the proper interpretation of the Community Infrastructure Regulations 2010, SI 2010/948, the words 'in lawful use' and 'in-use building' required that the building was actually being used for that purpose. Accordingly, it had been open to the authority to conclude that the use as a public house had ceased when trading had come to an end, despite the presence of equipment and its use for storage.

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