High Court grants an order permitting the change of use of a hotel to provide temporary accommodation for international protection seekers and displaced persons, rejecting the local authority's challenge, on the grounds that the hotel's previous use had not been abandoned and that the exemptions under applicable planning Regulations 2001 were available, subject to the local authority's arguments under those regulations; the regulatory provision invoked by the local authority does not apply to conditions inherently contravened by any type of development envisaged by a given exemption; and consequently, the proposed change of use is exempted development and can proceed, while issues of non-compliance with the existing planning permission that do not affect the lawfulness of the new use are adjourned to a proposed Module II.
Planning and Development Act 2000 - international protection seekers - displaced persons - hotel conversion - exempted development - Planning and Development Regulations 2001 - Class 14(h) - Class 20F - Article 9 - High Court - temporary accommodation - planning permission - change of use - enforcement proceedings - Section 160 application - material change of use - retention permission - proper planning and sustainable development.