No5’s Tim Jones successfully resists an application for judicial review of a temporary stop notice

WCC issued a temporary stop notice under the Town and Country Planning Act 1990 s171E against C Ltd for change of use from hotel (use-class C1) to hostel (sui generis). C Ltd applied for permission to seek for JR on 5 grounds and obtained permission on two of them.

Coulson J in the Birmingham Planning Court dismissed the claim, accepting the WCC’s arguments that there was a material change of use, that the there was no irrationality in issuing the TSN, that the claim was academic and that there was an alternative remedy.

Tim Jones appeared for the successful LPA, both at the final hearing and in an application by the claimant for interim relief, which WCC successfully resisted.

R (Carespec Ltd) v Wolverhampton CC, 10/3/16, CO/5532/2015

Tim Jones is part of the planning and environment group at No5 Chambers.