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?

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Published on LexisPSL on 11/10/2018

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • 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 LexisNexis®), four steps were said to be taken in deciding whether a use comes within a particular use class:

  1. an accurate description of the actual use should be formulated

  2. a decision should be made whether, as a matter of construction, that description fits into a use class

  3. a determination should be made as to whether the description includes activities that fit into more than one use class

  4. 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 noted that the exact requirement of each use class as draft

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