We are currently dealing with an application for lawfullness of the use of a unit as unrestricted A1, where the previous planning permission granting the unit within Use Class A1 restricted it's use within that class to a range of a certain type of goods, namely bulky type goods.The condition wording specified a specific range of goods that could be sold, and stated that 'only' this range of goods could be sold from that unit. The applicant has sought counsel opinion on the matter and the response cites 3 court cases where this wording alone was deemed insufficient to specifically prevent the full implementation of A1 use. The court cases centre on the wording and it was ruled that other elements need to be present - either the additional wording 'for no other use' or specific reference to the exclusion of the Use Classes Order within the condition. This potentially has huge implications for other similar units with the same use and similar conditions where we would not want an unrestricted A1 unit to operate. Has anyone else had a similar issue? I'd be grateful for your views.
