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Does a planning permission permitting use under class B8 of the Town and Country Planning (Use Classes) Order 1987 allow for any ancillary retail use?
The Town and Country Planning (Use Classes) Order 1987 (the Use Classes Order), SI 1987/764 is an order made pursuant to section 55(2)(f) of the Town and Country Planning Act 1990 (TCPA 1990). It puts uses of land and buildings into broad categories set out in the schedule of the Use Classes Order. Class B8 is described in the Use Classes Order as ‘Use for storage or as a distribution centre’.
When assessing the use of the land/building for the purpose of the Use Classes Order, the primary use of the land/building must be considered. The Use Classes Order, SI 1987/764, art 3(3) provides that a use which is included in
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