Monthly Archives: August 2020

Swimming against the tide






An enforcement notice alleging the use of a swimming pool in the garden of a bungalow in Hampshire for commercial, leisure and recreational purposes, not incidental to the lawful use as a single dwelling house, has been upheld notwithstanding the appellant’s contention that swimming lessons are educational rather than recreational or leisure uses (DCS Number 400-027-208).

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All at sea






A couple of recent appeal decisions relating to shipping containers result in confusing guidance.

In the first case (DCS Number 400-027-058), the inspector refused to issue a certificate of lawfulness for a shipping container in Dorset, deeming its siting to be a use of land and therefore not immune from enforcement because it had been there for less than ten years. The inspector reasoned that the case turned on whether the container was a ‘building’ and therefore operational development as defined by section 55 of the Act. He explained that if it was a ‘building’ it was only necessary to prove, on the balance of probabilities, that it had been there for four years from the date of the application, the statutory time limit as set out in section 171B (1) of the Act. If it was not deemed to be a ‘building’ it was necessary to demonstrate, on the balance of probabilities, that it had been on the site for ten years from the date of the application, as set out in section 171B (3) of the Act.

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