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Court restates law on fallback position (Parvez v SCLG)

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Published on: 07 December 2017

Published by a LexisNexis Planning expert

Table of contents

Original news
What is the significance of the decision for authorities and developers?
What is the factual background to the case?
Why did the court dismiss the challenge?

Article summary

Planning analysis: In Parvez v SCLG, the High Court refused permission to challenge a decision by the Secretary of State for Communities and Local Government (SCLG) to dismiss an appeal against an enforcement notice. In its decision the court clarified the law on fallback positions and material changes of use, finding that use as a banqueting hall was materially different from use as a social club, constituting a material change of use.

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