Moore v Secretary of State for Communities and Local Government & Anor [2012] EWCA Civ 1202 (18 September 2012)

Moore v Secretary of State for Communities and Local Government & Anor [2012] EWCA Civ 1202 (18 September 2012)

The Inspector correctly found, as a matter of fact and degree, that the particular characteristics of the commercial holiday lettings at the property amounted to a material change of use from the permitted use as a dwellinghouse, justifying the enforcement notice.

Citation
[2012] EWCA Civ 1202
Parties
Appellant: Sheila Moore; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Suffolk Coastal District Council
Jurisdiction
England and Wales
Judgment Date
18 September 2012
Procedural Posture
Appeal Under Section 289 Town and Country Planning Act 1990 / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Material Change of Use, Dwellinghouse Definition, Enforcement Notice, Holiday Letting, Use Classes Order
Planning Law Administrative Law Material Change of Use Dwellinghouse Definition Enforcement Notice Holiday Letting Use Classes Order

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 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Sheila Moore

Appellant

Secretary of State for Communities and Local Government

First Respondent

Suffolk Coastal District Council

Second Respondent

Procedural Posture

Appeal Under Section 289 Town and Country Planning Act 1990 / Court of Appeal Judgment

Legal Issues

  1. 1 Whether use of a dwellinghouse for commercial holiday lettings amounts to a material change of use
  2. 2 Adequacy of enforcement notice description

Ratio Decidendi

The Inspector correctly found, as a matter of fact and degree, that the particular characteristics of the commercial holiday lettings at the property amounted to a material change of use from the permitted use as a dwellinghouse, justifying the enforcement notice.

Court Disposition

Appeal dismissed

Orders

  • Enforcement notice upheld as issued
  • No modification to the requirements of the notice