Wallington v SoS for Wales and others
Language: English Series: Journal of Planning and Environment Law ; 1991 JPL 942-947(3)Publication details: 1991Subject(s): Summary: CA 7 November 1990. Enforcement action taken in respect of the keeping of 44 dogs at a dwelling house, alleging a material change of use. On appeal the inspector upheld the notice requiring the owner to reduce the number of dogs to 6. The HC had dismissed an appeal; the keeping of so many dogs was not incidental to the enjoyment of a dwelling house under Town and Country Planning Act 1971 s22 (now Town and Country Planning Act 1990 s55). An appeal was made on the grounds that the inspectors report had regarded the question as being whether it was reasonable to regard the activity as incidental to the normal enjoyment of a dwelling house; the concept of `reasonableness` and `normality` were not included in s22 of the Act and were therefore irrelevant. Appeal dismissed on the grounds that the term normal had been used as a yardstick not a definition.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS45337 (Browse shelf(Opens below)) | 1 | Available | 52423-1001 |
CA 7 November 1990. Enforcement action taken in respect of the keeping of 44 dogs at a dwelling house, alleging a material change of use. On appeal the inspector upheld the notice requiring the owner to reduce the number of dogs to 6. The HC had dismissed an appeal; the keeping of so many dogs was not incidental to the enjoyment of a dwelling house under Town and Country Planning Act 1971 s22 (now Town and Country Planning Act 1990 s55). An appeal was made on the grounds that the inspectors report had regarded the question as being whether it was reasonable to regard the activity as incidental to the normal enjoyment of a dwelling house; the concept of `reasonableness` and `normality` were not included in s22 of the Act and were therefore irrelevant. Appeal dismissed on the grounds that the term normal had been used as a yardstick not a definition.