Hossack, R (on the application of) v Kettering Borough Council & Anor [2002] EWCA Civ 886 (25 June 2002)

Hossack, R (on the application of) v Kettering Borough Council & Anor [2002] EWCA Civ 886 (25 June 2002)

The Council must reconsider whether the residents are living together as a single household, taking into account all relevant factors and not solely the existence of a relationship beyond common need for accommodation and support; the judge below was too prescriptive in requiring such a relationship.

Citation
[2002] EWCA Civ 886
Parties
Claimant/respondent: Yvonne Hossack; Defendant/appellant: Kettering Borough Council; Interested Party: English Churches Housing Group
Jurisdiction
England and Wales
Judgment Date
25 June 2002
Procedural Posture
Judicial Review (planning Law) / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Use Classes Order, Definition of Single Household, Hostel Vs Dwelling House, Planning Permission Requirements
Planning Law Administrative Law Use Classes Order Definition of Single Household Hostel Vs Dwelling House Planning Permission Requirements

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Parties

Yvonne Hossack

Claimant/respondent

Kettering Borough Council

Defendant/appellant

English Churches Housing Group

Interested Party

Procedural Posture

Judicial Review (planning Law) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether residents of properties are living together as a single household under Class C3 of the Town and Country Planning (Use Classes) Order 1987
  2. 2 Whether the properties are used as hostels requiring planning permission

Ratio Decidendi

The Council must reconsider whether the residents are living together as a single household, taking into account all relevant factors and not solely the existence of a relationship beyond common need for accommodation and support; the judge below was too prescriptive in requiring such a relationship.

Court Disposition

Appeal allowed

Orders

  • Council to re-determine the lawfulness of the use of the properties in light of the Court of Appeal's judgment
  • No further order on the appeal