QUEEN'S BENCH DIVISION
B e f o r e :
| Mr NAEEM PARVEZ
- and –
|(1) The SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT
(2) BOLTON METROPOLITAN BOROUGH COUNCIL
Killian Garvey (instructed by Pinsent Masons) for the Appellant
Crown Copyright ©
His Honour Judge Bird:
The background and the initial appeal
The argument, on the appeal before the court
"at the hearing the inspector heard evidence, in the event that the appeal was dismissed and the enforcement notice upheld, the appellant would restore those elements of the use that distinguished the social club from the function suite and continue with wedding functions in their present format the council's planning witness, Mr Bridge, agreed that the appellant could restore those elements that distinguished the social club from the function suite and continue with the wedding celebrations in the event that the appeal was dismissed…Mr Bridge confirmed that this would mean the wedding functions continuing in their present format .... accordingly the council accepted the appellant's fail-back position "
"There is no dispute that the building could revert to its former use as a social club a fallback argument advanced art the hearing and which would be unrestricted by any planning conditions. However, there is no convincing evidence before me that a reversion to a social club would result in the same level, or any greater level of harmful impacts ion residential amenity that the current use. This argument does not therefore persuade me that planning permission should be granted. "