The applicant sought to quash an enforcement notice, regarding a change of use from residential to mixed residential and holiday accommodation. The change had taken in respect of several units over a long period of time. The inspector sought to bring them together and by treating them as one unit, he brought the development within the ten year period. The term dwelling-house is not defined in the Act. Can the use of the kind found properly be held to be materially different from the quality of use necessary to constitute use as a single dwelling house? Was this one dwelling house used as ten apartments? The distinction made was valid and the ten year rule correctly applied.
Citations:
[1996] EWHC Admin 146
Links:
Statutes:
Town and Country Planning Act 1990 171 (b)(2)
Citing:
Cited – Gravesham Borough Council v Secretary of State for the Environment QBD 1982
The Secretary of State could find that a building built under a permission for a weekend and holiday chalet, but to be used only in summer, was a dwelling house. The distinctive characteristic of a dwellinghouse is its ability to afford to those who . .
Cited – Van Dyck v Secretary of State for the Environment CA 1993
The court asked whether the four year enforcement rule applied in respect of subdivision of a larger building to create single dwelling houses or applied only in the case of conversion of a single building to single dwelling houses.
Held: It . .
Cited by:
Appeal from – Moore v Secretary of State for Environment and New Forest District Council CA 18-Feb-1998
The outbuildings of a large country house had been converted into ten single self-contained units of residential accommodation for the purpose of holiday lettings. Nine of the units were in use by May 1991. In May 1995 the local planning authority . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 25 May 2022; Ref: scu.136694