Emin v SOS for the Environment and Mid-Sussex DC
Emin v SOS for the Environment and Mid-Sussex DC
- 1989
- Journal of Planning and Environment Law (1989) JPL 909-914(6) .
QBD 3 February 1989 Appeal by Emin against a decision that planning permission was required for the erection of two buildings within the curtilage of a dwelling house . The proposed buildings were to provide facilities for pottery , archery and billiards . The principal issue was whether the buildings "were ... incidental to the enjoyment of the dwelling house" and thereby permitted development under General Development Order 1977 Class 1.3 . The inspector decided that they were not and dismissed the application. On appeal, QBD held that the inspector was wrong in concluding that archery was not a possible incidental purpose; it could be regarded as a hobby and practised in a building. The inspector was also wrong in applying the incidental test solely by reference to the physical size of the relevant buildings. Application allowed.
PLANNING APPEALS
SECTION 53 DETERMINATION
QBD 3 February 1989 Appeal by Emin against a decision that planning permission was required for the erection of two buildings within the curtilage of a dwelling house . The proposed buildings were to provide facilities for pottery , archery and billiards . The principal issue was whether the buildings "were ... incidental to the enjoyment of the dwelling house" and thereby permitted development under General Development Order 1977 Class 1.3 . The inspector decided that they were not and dismissed the application. On appeal, QBD held that the inspector was wrong in concluding that archery was not a possible incidental purpose; it could be regarded as a hobby and practised in a building. The inspector was also wrong in applying the incidental test solely by reference to the physical size of the relevant buildings. Application allowed.
PLANNING APPEALS
SECTION 53 DETERMINATION