Cases - Skerritts of Nottingham Ltd v Secretary of State for the Environment, Transport and the Regions (No. 2)

Record details

Name

Skerritts of Nottingham Ltd v Secretary of State for the Environment, Transport and the Regions

Date

[2000]

Citation

2 PLR 102

Keywords

Planning control

Summary

Each year an hotelier erected a marquee on the hotel lawn for a period of 8 months. The marquee was 40m long, 17m wide and 5m high.

The hotelier claimed that the marquee was not a building, as it did not satisfy the Barvis test of permanence.

The Court of Appeal held that permanence does not necessarily mean that the item must be on site for 365 days a year, otherwise its removal for a short time would avoid planning control. Permanence means a sufficient length of time to be of significance in the planning context. In the circumstances the planning inspector had been entitled to conclude that the marquee was a building.