120-Hectare Former Research Campus Confirmed to Be in Class E Use

31 May, 2024

An inspector has allowed an appeal made by Lochailort Kentford Ltd against a refusal by West Suffolk Council to grant a CLEUD in respect of the 120-acre former Animal Health Trust’s campus at Kentford, Suffolk. 

120-Hectare Former Research Campus Confirmed to Be in Class E Use

31 May, 2024

An inspector has allowed an appeal made by Lochailort Kentford Ltd against a refusal by West Suffolk Council to grant a CLEUD in respect of the 120-acre former Animal Health Trust’s campus at Kentford, Suffolk. 

The Inspector found that the lawful use of the site was a mixed use comprising (a) research and development of products or processes and (b) provision of medical and health services (in the field of animal health) principally to visiting member of the public. As both components of the mixed use fell within Use Class E, the Inspector concluded that the LPA’s decision to refuse to confirm that the lawful use of the site as a whole was for those uses in Use Class E was not well founded and the Inspector granted to CLEUD.
 
The decision will be of interest to those who are considering the scope of class E. In particular, the Inspector concluded that scientific research leading to the publication of academic papers was “research and development of products or processes”. The Inspector concluded also that a specialist clinical veterinary service at the site which operated on a strictly referral and appointment basis was “the provision of medical or health services principally to visiting members of the public”. It was common ground that veterinary clinical service was “medical or health services” for the purposes of Use Class E.

Douglas Edwards KC and Stephanie Bruce-Smith appeared for the Appellant, instructed by Sarah Ballantyne-Way, of Lochailort Kentford Limited.