While we are on the subject of temporary buildings and structures permitted under Schedule 2, Part 4, Class A of the GDPO (see Further ‘required’ reading), what is meant by ‘adjoining that land’?
This might be a matter of fact and degree, but what we can say, going on an appeal decision relating to a site in east London (DCS Number 400-024-963), is that it is not land a mile away from the development site. The appellant in this case stated that the land, which was alleged in the enforcement notice to be in use as a construction staging and preparation site and storage area for associated material, was being used as a site compound area in relation to a development site.
The council pointed out, however, that the appeal site was approximately one mile away from the development site, and provided a map to demonstrate the relative distance between the respective sites. This clearly demonstrated, the inspector ruled, that the appeal site could not be described as adjoining land within any reasonable definition of the word ‘adjoining’. As such, he found that the development did not comply with Part 4 of Class A of Schedule 2 of the GDPO 2015 and was therefore not permitted development.
Section 4.3424 of DCP Online covers the permitted development rights applying to temporary buildings.