Gore, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2008] EWHC 3278 (Admin) (09 December 2008)

Gore, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2008] EWHC 3278 (Admin) (09 December 2008)

The inspector was entitled to find that the building, although used as a dwelling, was not a dwellinghouse for planning purposes, and that the decking was not within any defined curtilage; the mixed use alleged in the enforcement notice did not begin until 1999, so was not immune from enforcement action.

Citation
[2008] EWHC 3278 (Admin)
Parties
Claimant: Graham Gore; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Dartmoor National Park Authority
Jurisdiction
England and Wales
Judgment Date
09 December 2008
Procedural Posture
Judicial Review (statutory Appeal) / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Permitted Development, Dwellinghouse Definition, Curtilage, Enforcement Notice, Certificate of Lawful Use, Mixed Use Immunity
Planning Law Administrative Law Permitted Development Dwellinghouse Definition Curtilage Enforcement Notice Certificate of Lawful Use Mixed Use Immunity

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Parties

Graham Gore

Claimant

Secretary of State for Communities and Local Government

First Defendant

Dartmoor National Park Authority

Second Defendant

Procedural Posture

Judicial Review (statutory Appeal) / Final Judgment

Legal Issues

  1. 1 Whether the building was a 'dwellinghouse' for planning purposes
  2. 2 Whether the decking was within the curtilage of a dwellinghouse
  3. 3 Whether the mixed use alleged in the enforcement notice was immune from enforcement action

Ratio Decidendi

The inspector was entitled to find that the building, although used as a dwelling, was not a dwellinghouse for planning purposes, and that the decking was not within any defined curtilage; the mixed use alleged in the enforcement notice did not begin until 1999, so was not immune from enforcement action.

Court Disposition

Appeal dismissed

Orders

  • Claimant to pay first respondent's costs, to be assessed in detail unless otherwise agreed