Cases - Ealing Corporation v Ryan

Record details

Name

Ealing Corporation v Ryan

Date

[1965]

Citation

1 AII ER 137

Keywords

Planning control

Summary

A 3-storey house was used to provide accommodation for 3 families of adults and children. In essence, the families occupied different floors, but shared a kitchen and, apparently, bathroom and toilet facilities. The local planning authority alleged a change from a single dwellinghouse to 2 or more separate dwellings. The magistrates decided that the dwellings were not separate and the High Court upheld their decision.

Mr Justice Ashworth stated that persons may live separately under one roof without occupying separate dwellings. Multiple occupation is not enough in itself. Relevant factors include the presence or absence of physical reconstruction and whether the dwellings are self-contained and independent, but this is by no means an exhaustive list and in every case it is a matter of fact and degree.