Lee, R (on the application of) v Swale Borough Council

Lee, R (on the application of) v Swale Borough Council

The inspector erred in law by treating as determinative the question of whether the caravans were physically part of the building, rather than considering whether their residential use within the building constituted use of the building as a dwellinghouse. The decision was quashed and remitted for reconsideration.

Parties
Claimant: Lee; First Defendant: First Secretary of State; Second Defendant: Swale Borough Council
Jurisdiction
England and Wales
Judgment Date
03 September 2003
Procedural Posture
Judicial Review / Appeal Against Inspector's Decision Under Section 288 of the Town and Country Planning Act 1990
Outcome
Appeal allowed, inspector's decision quashed and remitted, costs awarded to claimant.
Legal Topics
Lawful Development Certificate, Enforcement Notice, Definition of Dwellinghouse, Use of Caravans in Buildings
Planning Law Administrative Law Lawful Development Certificate Enforcement Notice Definition of Dwellinghouse Use of Caravans in Buildings

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Parties

Lee

Claimant

First Secretary of State

First Defendant

Swale Borough Council

Second Defendant

Procedural Posture

Judicial Review / Appeal Against Inspector's Decision Under Section 288 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the use of caravans within a building constitutes use of the building as a single dwellinghouse
  2. 2 Whether the inspector erred in law by treating the physical integration of caravans as determinative
  3. 3 Whether the inspector provided adequate reasons for differing from a previous inspector's decision

Ratio Decidendi

The inspector erred in law by treating as determinative the question of whether the caravans were physically part of the building, rather than considering whether their residential use within the building constituted use of the building as a dwellinghouse. The decision was quashed and remitted for reconsideration.

Court Disposition

Appeal allowed, inspector's decision quashed and remitted, costs awarded to claimant.

Orders

  • Inspector's decision quashed
  • Matter remitted for reconsideration