Interpreting planning permissions and conditions relating to use classes (Lazari Properties 2 Ltd v SoS)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Planning analysis: In Lazari Properties 2 Ltd v SoS, the court had to address the impact of amendments made to the Town and Country Planning (Use Classes) Order 1987 (the UCO 1987) by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (the 2020 Regulations) on a planning condition relating to former use Classes A1 (Shops), A2 (Financial and Professional Services) and A3 (Restaurants and Cafes). The court held that the condition meant that the claimant was unable to move between former use classes A1, A2 and A3 (now subsumed under Class E) under the UCO 1987 (as amended) without a new permission. Written by Sarah Fitzpatrick, head of Planning, and Giulia Barbone, associate, both at Norton Rose Fulbright LLP.