Q&As
Do you consider that use as an art gallery in ground floor premises located in a shopping area where services are provided to visiting members of the public falls within use class A2 or do you consider this to be sui generis?
In Forkurst v Secretary of State for the Environment and Brentwood District council [1982] JPL 448 (not reported by Lexis+® UK), four steps were said to be taken in deciding whether a use comes within a particular use class:
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an accurate description of the actual use should be formulated
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a decision should be made whether, as a matter of construction, that description fits into a use class
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a determination should be made as to whether the description includes activities that fit into more than one use class
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when there are activities that fall into more than one use class, a determination should be made whether one is ordinarily incidental to the other
In Rugby Football Union v Secretary of State for Local Government, Transport and the Regions, it was further
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