Moore v Secretary of State for Communities and Local Government & Anor

Moore v Secretary of State for Communities and Local Government & Anor

The Inspector correctly found, as a matter of fact and degree, that the use of the property for commercial holiday lettings in the manner described constituted a material change of use from a dwellinghouse, requiring planning permission. The enforcement notice was sufficiently precise and no viable alternative formulation was presented.

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
Civil Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Material Change of Use, Enforcement Notice, Dwellinghouse Definition, Holiday Lettings, Planning Permission
Planning Law Administrative Law Material Change of Use Enforcement Notice Dwellinghouse Definition Holiday Lettings Planning Permission

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Parties

Sheila Moore

Appellant

Secretary of State for Communities and Local Government

First Respondent

Suffolk Coastal District Council

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether use of a dwellinghouse for commercial holiday lettings amounts to a material change of use requiring planning permission
  2. 2 Whether the enforcement notice's description of 'commercial leisure accommodation' was sufficiently precise

Ratio Decidendi

The Inspector correctly found, as a matter of fact and degree, that the use of the property for commercial holiday lettings in the manner described constituted a material change of use from a dwellinghouse, requiring planning permission. The enforcement notice was sufficiently precise and no viable alternative formulation was presented.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.