The judgment addresses and determines a number of matters that are of general relevance and importance to Use Class E, including what is means by the term “visiting members of the public” and “research and development of products or processes”. In respect of the former, the Judge decided that a person visiting a specialist veterinary facility with a referral could fall within the phrase “visiting member of the public”. In respect of the latter, the Judge held that the phrase “research and development” is to be interpreted disjunctively, and that the Inspector was correct to decide that a research paper amounts to a product for the purposes of Use Class E(g)(ii).

A copy of the judgment can be accessed here.

Hugh Flanagan represented the Secretary of State.

Douglas Edwards KC represented the Second Defendant in Court and (leading Stephanie Bruce-Smith) at the public inquiry, instructed by Juliet Munn and Aline Hyde of Town Legal and by Sarah Ballantyne-Way MRTPI, Planning Director at Lochailort.