Categorisation and Permissibility of Uses

September, 2016|

Dr Ian Ellis-Jones conducted a briefing session on Categorisation & Permissibility of Uses at our office today. A summary of the paper is provided below.

Development is always carried on for one or more purposes. The task of correctly categorising the purpose or purposes of a particular use or development proposal is a threshold question in determining whether a particular development application is capable of lawful determination. The task is also one of the three threshold lines of inquiry in determining whether an applicant has the benefit of existing use rights. This topic area is of enormous importance and is one that both town planners and lawyers have found extremely difficult over the years. Our Special Counsel, Dr Ian Ellis-Jones, has written a paper which seeks to give legal guidance to both planners and lawyers on the categorisation and permissibility of uses. The paper, which refers to many decided cases, deals with the law relating to what are known as ancillary uses, separate and independent uses, uses with a ‘double character’, and nominate and innominate uses.

Please refer to the ‘Resources’ section for a copy of Dr Ian Ellis-Jones paper which was presented to staff.