Stuart Jessop successfully represents Wembley parking company at planning inquiry
January 18, 2019
Stuart Jessop has successfully represented Stadium Centre Management Ltd (SCM Ltd) in its appeal under section 174 Town and Country Planning Act 1990 against two enforcement notices served in respect of the Stadium Business Centre (SBC).
SBC is a commercial estate comprising 26 industrial type units which was used by SCM Ltd, the owners of the common parts of the estate and roads within, to rent out parking spaces on event days at Wembley stadium. The enforcement notices, served by the London Borough of Brent, alleged a material change of use from office/industrial to a mixed use as office/industrial and car parking not ancillary to the office/industrial use. It was argued that the notices were drafted to include a single piece of land that nevertheless comprises multiple freeholds and occupants and that use of each piece of land varied.
The Inspector agreed that as drafted the effect of the notices would be that those unit holders or tenants who were not directors or shareholders of SCM Ltd would nevertheless be potentially liable to prosecution for breach of the notice by one of the other unit holders or tenants. The Inspector also agreed that the notices were further deficient in not fully identifying the existing mixed use of the site, and therefore not recognising that parking associated with such unidentified uses may be lawful. The Inspector then concluded that the notices were defective to such a degree that he could not properly vary them. The notices were quashed.