Cases - R (on the application of Hossack) v Kettering Borough Council and English Churches Housing Group
Record details
- Name
- R (on the application of Hossack) v Kettering Borough Council and English Churches Housing Group
- Date
- [2002]
- Citation
- EWCA Civ 886
- Legislation
- Keywords
- Planning control
- Summary
-
English Churches Housing Group maintained 3 adjoining terraced houses to provide temporary accommodation and support for small groups of up to 6 people in need - homeless, mentally ill, drug and alcohol addicts and the like. There were no separate cooking and eating facilities. Bathrooms were shared. The local planning authority determined that the use was within class C3. The matter came before the courts and turned on the question of whether each house was a single household.
The Court of Appeal held that although the absence of a pre-formed group may be indicative of multiple occupation it is not conclusive. Lord Justice Simon Brown observed that the smaller the number of occupants, the more intimate, integrated and cohesive their occupancy is likely to be. The matter was referred back to the council who, following the Court of Appeal's guidance, arrived at the same decision after further examination of the circumstances of the case.