The plaintiff requested that an enforcement notice should be quashed. Two earlier decision notices had already been quashed. At issue was a houseboat constructed on a floating wooden raft. There was an existing use certificate for a houseboat. Was it a houseboat or floating house? The inspector had taken a definition of houseboat from the dictionary. Could it be a boat without having a boat like shape? There was an existing use certificate for a houseboat. The secretary’s decision had taken account of two associated platforms, but since these could be and indeed had been removed, he should have considered the development without the platforms. That consideration was not capable of being extracted from the decisions, and therefore it was quashed.
Citations:
[1996] EWHC Admin 156
Links:
Statutes:
Town and Country Planning Act 1990
Citing:
Applied – Regina (Westminster City Council) v British Waterways Board HL 1985
The tenant occupied land next to a canal under a lease from the Defendants. The landlord opposed a renewal saying they wished to occupy the land themselves for the purposes of a marina. The tenant said the plan was unrealistic, because it would not . .
Cited by:
Appeal from – Sussex Investments Limited v Secretary of State for Environment Spelthorne Borough Council CA 18-Dec-1997
Whether a floating house is a houseboat is not just a question of having a boat-like shape, but is a question of fact and degree. . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 25 May 2022; Ref: scu.136704
