The Appellant contended that the existing lawful use of the 9-storey building was sui generis; Westminster City Council’s position was that the existing lawful use was a mixed use including Class E office use. In the appeal decision, the Inspector agreed with the Council that the lawful use of the building was a mixed use including Class E office use such that the relevant development plan policies protecting office floorspace in the Central Activities Zone (“CAZ”) applied. The appeal was therefore dismissed as it had not been demonstrated that the proposed use would be acceptable having regard to the development plan and its marketing requirements.  

The appeal decision provides a useful example of when a building will be considered to be in mixed use, as well as providing a reminder of the marketing requirements for the loss of any office floorspace in the CAZ. 

Michael Feeney, instructed by Ross Fletcher at Bi-Borough Legal Services, appeared on behalf of the successful local planning authority, Westminster City Council.