Cases - R (on the application of Lee) v First Secretary of State and Swale Borough Council

Record details

Name
R (on the application of Lee) v First Secretary of State and Swale Borough Council
Date
[2003]
Citation
EWHC 2139 (Admin)
Legislation
Keywords
Planning control
Summary

A barn contained 2 caravans. Facilities within the barn together with the 2 caravans provided residential accommodation. The issue was whether or not there had been a change of use of a building to use as a single dwellinghouse, in which case the 4-year rule applied. The inspector took the view that as the caravans were not part of the building, their use was not part of the use of the building. Without the caravans, there were insufficient facilities for day-to-day domestic living in the rest of the barn. So the 4-year rule was not applicable.

The court held that the inspector had erred. It does not follow from the fact that the caravans are not part of the building that their use is not part of the use of the building. Where their use is residential in conjunction with the use of the building, it constitutes part of the use of the building. So the case was remitted for further consideration.