Waltham Forest, R (on the application of) v First Secretary of State & Anor, Court of Appeal - Administrative Court, October 03, 2005, [2005] EWHC 3335 (Admin)

Reporting Judge: [2005] EWHC 3335 (Admin)

President: Waltham Forest, R (on the application of) v First Secretary of State & Anor

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Waltham Forest, R (on the application of) v First Secretary of State & Anor, Court of Appeal - Administrative Court, October 03, 2005, [2005] EWHC 3335 (Admin)

SMITH BERNAL WORDWAVE

CO/3276/2005

Neutral Citation Number: [2005] EWHC 3335 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2

Monday, 3rd October 2005

B E F O R E:

HIS HONOUR JUDGE MOLE

(Sitting as a Deputy Judge of the High Court)

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THE QUEEN ON THE APPLICATION OF LONDON BOROUGH OF WALTHAM FOREST

(CLAIMANT)

-v-

(1) FIRST SECRETARY OF STATE

(2) STANLEY RACING

(DEFENDANTS)

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Computer-Aided Transcript of the Stenograph Notes of

Smith Bernal Wordwave Limited

190 Fleet Street London EC4A 2AG

Tel No: 020 7404 1400 Fax No: 020 7831 8838

(Official Shorthand Writers to the Court)

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MR M REED (instructed by London Borough of Waltham Forest) appeared on behalf of the CLAIMANT

MISS N LIEVEN (instructed by Treasury Solicitors) appeared on behalf of the FIRST DEFENDANT

THE SECOND DEFENDANT DID NOT ATTEND AND WAS NOT REPRESENTED

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J U D G M E N TMonday, 3rd October 2005

1. THE DEPUTY JUDGE: This is an application under section 288 of the Town and Country Planning Act to quash the decision of an inspector appointed by the First Secretary of State. The Inspector's decision is dated 18th April 2005. In it he determined the appeal by Stanley Racing Limited (the second respondent) under section 78 of the Act, against the refusal by the London Borough of Waltham Forest to grant planning permission for the change of use of the ground floor of 569 - 571 Lea Bridge Road from use as a retail shop (within use Class A1) to use as a betting office (use Class A2). The Inspector decided to allow the appeal and he granted planning permission for the change of use applied for.

2. The appeal shop stands in a small parade of some five shop premises on Lea Bridge Road between Stanley Road and Hoe Street. The Bakers Arms pub is at the north end of the parade at the co...

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