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Planning (see also: Environmental impact assessment, Judicial review) - Main v Secretary of State for the Environment and another (22 May 1998) High Court, Queen's Bench Division

United Kingdom
15/07/1998
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Mr Main operates as a scrap metal yard on a unit which is shared with three residential properties. An application was made for a certificate of lawful use under Section 191 of the Town and Country Planning Act 1990 for "a waste reclamation depot and transfer station". However the Inspector recommended that the overall use of the site was as a scrap yard and the other uses were ancillary and Mr Main appealed. The Court upheld Mr Main's appeal as the Inspector had erred in law as regards the application of the term "ancillary". He had determined the relatively small use of haulage and skip businesses as being "ancillary". This, the Court held, was an incorrect assessment. "Ancillary" did not mean relatively small and the haulage and skip businesses could be an independent primary use. ([1998] PLSCS 175)

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