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Devon sharing the secretary

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Even the first film, Dr No, was released two years before the Devon-based Bond was sent on his mission to Warsaw. It is thought he was deployed to 'penetrate military facilities', although the institute has not discounted the possibility that - considering the obvious attention he would draw - he was sent as either a smokescreen or an attempt to make the Polish spycatchers expose themselves.

Either way, Bond was back in Blighty after just 10 months, a couple of weeks after he sent his family home from Poland. The second layer was a junior intelligence officer who personally gathered information on the Polish Army.

The research suggests that the idea of Bond being sent to Poland to spy was unlikely, mainly because tensions with the communist countries in Eastern Europe had eased somewhat by A decade earlier, western spies would frequently head out to the countryside to take photos of army bases, airfields and railway junctions - sites which could prove vital if the East and West came into conflict.

But as the threat of war gradually eased, these methods became more obsolete as countries relied more on moles positioned high up in the chain of command.

That is what makes the institute think that his role there could actually have been to make communist spycatchers expose themselves as they traced James Bond's trips through Poland.

The only thing that appears fairly certain is that since Ian Fleming had put so much espionage into fiction, British Intelligence reasoned they could put a bit of fiction into espionage as well.

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More On Daniel Craig. The same would apply to those who suffer, for example, from physical or mental disability and who need care in the community.

They, if they are not capable of looking after themselves, would not be regarded as a household, hence the need for the carer, hence the need for that addition to make it a household within the meaning of the relevant class.

One has to have regard to the need that they be living together as a single household. The question then arises whether carers who do not live but who provide, not necessarily through the same person, a continuous hour care can be regarded as living together.

In my view, the answer to that is no. Consistent with the approach indicated by the Circular, what is required is indeed residential care with a carer living in full-time and looking after those in the premises who otherwise would be unable to live as a household.

Now that I recognise is an approach which may well not accord with that set out by Popplewell J in the Sinclair case, which I have already mentioned.

In that case the Council proposed to use a house as a family home for three mentally handicapped persons. Twenty-four hour a day supervision was to be provided by social workers attending on a rota basis.

They would not be living at the property although a room would be used as a bedroom by the care assistant who was there at night.

An application for judicial review of the decision that the proposed use was within Class C3 b , and so did not require planning permission, was made by a local resident.

Permission had been refused on paper and the matter came before Popplewell J as a renewed application for permission to apply for judicial review.

He cited Class C3 b , the relevant parts of paragraphs 25 and 27 of the Circular and went on at page 62B: "The order does not say that the staff have to live together as a single household.

It says the residents 'living together as a single household'. The residents here are the three residents and the staff come in from time to time.

I do not find anything in the order which takes into account the presence of the staff as being involved in the concept of a single household.

The bracketed words are simply ' including a household where care is provided for residents. I am of the view that this can properly be determined as a Class C3 b case.

I am afraid I cannot agree with that approach. It seems to me that the concept of living together as a household means that, as I have put it, a proper functioning household must exist and, in the context of a case such as this, that must mean that the children and a carer must reside in the premises.

Otherwise, as it seems to me, it clearly falls within Class C2. It is apparent that the size of the institution is irrelevant for the purposes of C2.

If it falls within that definition it is not to be regarded as a dwellinghouse, then whether there are 1, 2, 10 or 15 children makes no difference to the Class.

It does, however, clearly make a difference in planning terms when one considers the second point, which is whether there was, in the context of this case, a material change of use.

Although it may sound somewhat illogical, it is accepted by both Mr Fletcher and Mr Gibbon that, notwithstanding that this may fall within Class C2 rather than Class C3, nonetheless planning permission may not be required if the change of use was not a material change of use.

I am bound to say that if an Inspector is satisfied that the use falls within C2 rather than C3, then it would appear that there is prima facie a change of use.

Nonetheless, the Inspector is entitled, as indeed are the local planning authority, to consider whether that change of use was material. It will only be material if, as a matter of fact and degree in the circumstances of an individual case, the change of use was material.

The Inspector understandably deals with this very briefly. In paragraph 20 he states: "In the alternative, the Council state that the change of use is a significant factor which when weighed with other changes to the character of the use of the premises amounts to a material change of use.

Since I have found that the use is as a dwelling house, the alternative does not fall to be considered. There is nevertheless no indication from my consideration of all the representations and from my detailed inspection of the site and the surroundings, that there has been a change of use from a dwelling house which could, as a matter of fact and degree, be considered as being a material one.

Mr Fletcher attacks that on the basis that it is unreasoned, and the Inspector appears to be saying from the use of the word "could" that there is not even an arguable case that there has been a change of use.

The parties put forward extensive submissions to the Inspector and he clearly had them before him and had regard to them.

The Council dealt with materiality over some four pages of its submissions. It set out what it submitted were the principles referred to and cases in support, in particular in paragraph 6.

It made the point that the case law established that whether there had been a material change was a question of fact and degree and the fact that, in the broadest sense, the property continued to be used for residential purposes did not mean that there could not have been a material change of use.

The court in the case of London Borough of Richmond upon Thames v Secretary of State [] JPL 84 indicated that matters which could be planning considerations might include the effects on the residential character of the area, strain on the welfare services and reduction on the stock of private accommodation available for renting.

Points were made about traffic movements and various other factors were put forward. True it is that the Inspector dealt very briefly with those matters.

But it is plain that he had before him all the relevant submissions and all the relevant representations. He had inspected the site and he had considered all the issues.

He sets out at the beginning of his determination a description of the site and surroundings and of the background. It would have been better, no doubt, had he referred in more detail to the submissions which had been made and explained why he rejected them.

Nevertheless, it is, in my view, clearly implicit in what he says that he had considered them and that he had rejected them as being matters which indicated a material change of use.

Mr Fletcher accepts that it would have been open to the Inspector to have decided that the change of use was not material but he should, if he was to reach that conclusion, have indicated more clearly why.

I do not dissent from that proposition in the sense that I too would have preferred that he had indicated more clearly why. But one has to be careful in accepting a reasons challenge.

It seems to me that if, in reality, it is plain that the Inspector has considered the matters and has reached a decision, which in law was open to him, then it would take a very strong case to quash that purely on the ground that the reasons were not as extensively set out as they should have been.

The only matter which has given possible cause for concern is the use of the word "could. All that the Inspector is saying is that in his judgment the matters put forward do not mean that the change of use is a material one.

It is true he does not express himself as happily as he might, but as a matter of pure English reading that sentence does not, in my view, lead one to conclude that he had misdirected himself in approaching it on the basis of arguability rather than fact.

Accordingly, in my view, the Inspector was wrong to regard this as falling within C3 b rather than C2, and that the Council's contentions are and were correct.

C3 does require at least one residential carer, together with of course those who are being cared for. On the facts of this case, and I emphasise limited to the facts of this case, the Inspector was correct to decide that there was no material change of use in the circumstances.

Accordingly, although it may be expressed slightly unhappily in the context of my decision, and indeed in the way the Inspector approached it in his decision, the use for up to two children, with care provided by up two non-resident staff at these premises, and only at these premises, is, in the circumstances, a lawful use.

Now the usual situation clearly, as your Lordship is aware, not only because the principal argument today is on Use Classes Order but also the Inspector, clearly I am entitled to make the formal submission that I have succeeded even though there has not been I think no order for costs is the fair order.

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Devon sharing the secretary

Devon Sharing The Secretary Video

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