Lee, R (on the application of) v Swale Borough Council [2003] EWHC 2139 (Admin) (03 September 2003)

Lee, R (on the application of) v Swale Borough Council [2003] EWHC 2139 (Admin) (03 September 2003)

The inspector erred in law by treating the physical integration of the caravans as determinative of whether the barn was used as a dwellinghouse. The use of caravans for residential purposes within the barn is part of the use of the building and is material to whether the building is used as a single dwellinghouse.

Citation
[2003] EWHC 2139 (Admin)
Parties
Claimant: Lee; 1st Defendant: First Secretary of State; 2nd Defendant: Swale Borough Council
Jurisdiction
England and Wales
Judgment Date
03 September 2003
Procedural Posture
Judicial Review / Statutory Appeal Under Section 288 Town and Country Planning Act 1990 / High Court Appeal From Planning Inspector's Decision
Outcome
Appeal allowed; inspector's decision quashed and remitted; costs awarded to claimant.
Legal Topics
Lawful Development Certificates, Enforcement Notices, Definition of Dwellinghouse, Use of Caravans Within Buildings
Planning Law Administrative Law Lawful Development Certificates Enforcement Notices Definition of Dwellinghouse Use of Caravans Within Buildings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lee

Claimant

First Secretary of State

1st Defendant

Swale Borough Council

2nd Defendant

Procedural Posture

Judicial Review / Statutory Appeal Under Section 288 Town and Country Planning Act 1990 / High Court Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 Whether the use of caravans stationed within a barn constitutes use of the barn as a single dwellinghouse for the purposes of section 171B of the Town and Country Planning Act 1990
  2. 2 Whether the planning inspector erred in law by treating the physical integration of caravans as determinative of the building's use as a dwellinghouse

Ratio Decidendi

The inspector erred in law by treating the physical integration of the caravans as determinative of whether the barn was used as a dwellinghouse. The use of caravans for residential purposes within the barn is part of the use of the building and is material to whether the building is used as a single dwellinghouse.

Court Disposition

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

Orders

  • Inspector's decision quashed
  • Matter remitted for reconsideration