Tewksbury Borough Council v Keeley & Ors

Tewksbury Borough Council v Keeley & Ors

The mobile shed is not a building for planning purposes because it is not attached to the land and can be freely moved. The assembly of its parts on site did not constitute a building operation or development under section 55(1) of the Town and Country Planning Act 1990. The main factor is its mobility and lack of physical attachment.

Parties
Claimant: Tewksbury Borough Council; Defendant: Mr Michael Keeley; Defendant: Mrs Karen Adams
Jurisdiction
England and Wales
Judgment Date
12 November 2004
Procedural Posture
Injunction / Final Judgment
Outcome
injunction granted in agreed terms, no order regarding assembled mobile shed
Legal Topics
Definition of Development, Status of Mobile Structures, Building Operations, Planning Permission Requirements
Planning Law Definition of Development Status of Mobile Structures Building Operations Planning Permission Requirements

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Parties

Tewksbury Borough Council

Claimant

Mr Michael Keeley

Defendant

Mrs Karen Adams

Defendant

Procedural Posture

Injunction / Final Judgment

Legal Issues

  1. 1 Whether the assembly and placement of mobile sheds constitutes 'development' under section 55(1) of the Town and Country Planning Act 1990
  2. 2 Whether the mobile sheds are 'buildings' for planning purposes
  3. 3 Whether planning permission is required for the mobile sheds

Ratio Decidendi

The mobile shed is not a building for planning purposes because it is not attached to the land and can be freely moved. The assembly of its parts on site did not constitute a building operation or development under section 55(1) of the Town and Country Planning Act 1990. The main factor is its mobility and lack of physical attachment.

Court Disposition

injunction granted in agreed terms, no order regarding assembled mobile shed

Orders

  • Order in agreed terms between parties
  • No order in respect of the assembled mobile shed on site