Q&As

If the 'Permitted Use' clause within a lease states 'use as a retail shop or shops within the meaning of Classes A1 of the Town and Country Planning (Use Classes) Order 1987', would this cover any use within Class A1 (shops) or would it just cover use for the retail sale of goods within Class A1(a)?

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Published on LexisPSL on 31/08/2016

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

  • If the 'Permitted Use' clause within a lease states 'use as a retail shop or shops within the meaning of Classes A1 of the Town and Country Planning (Use Classes) Order 1987', would this cover any use within Class A1 (shops) or would it just cover use for the retail sale of goods within Class A1(a)?
  • Definitions
  • Contract interpretation
  • Basic principle
  • Courts’ approach

If the 'Permitted Use' clause within a lease states 'use as a retail shop or shops within the meaning of Classes A1 of the Town and Country Planning (Use Classes) Order 1987', would this cover any use within Class A1 (shops) or would it just cover use for the retail sale of goods within Class A1(a)?

Definitions

The Town and Country Planning (Use Classes) Order 1987 (UCO 1987), SI 1987/764 puts uses of land and buildings into various categories known as 'use classes'.

See Practice Note: Operation of the Use Classes Order in Wales.

The Schedule states:

'Class A1. Shops

Use for all or any of the following purposes—

(a) for the retail sale of goods other than hot food…

…where the sale, display or service is to visiting members of the public.'

For further information, see:

  1. The Classes of TCP (Use Classes) Order 1987: Butterworths Planning Law Service [398]–[399]

The term ‘retail’ and ‘shop’ have been considered by the courts in various circumstances (for example, see Cawley v Secretary of State for the Environment) which held ‘retail’ use of buildings can apply to land and that, unlike statute, the headings in subordinate legislation were part of that legislation and had to be construed accordingly, when defining ‘shop’ and R v Thurrock Borough Council, ex parte Tesco Stores Ltd which considered the definition of ‘retail shops’ in relation to an outlet for use by

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