000			01516cab a2200193 4500
001			ABS39378
008			090401t1988 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u16248
041			_aeng
245			_aMohammed Asghar v SoS for the Environment and Harrogate BC
260			_c1988
350			_a0
490			_aJournal of Planning and Environment Law _v(1988) JPL 476-480(5)
520			_aQBD 3 December 1987. Appeal by M against decision of Inspector (I) who upheld an enforcement notice issued by the council (H). The notice alleged a breach of planning control in the construction of a tennis court on land adjoining a dwelling house. I concluded that the curtilage of the original dwelling, a converted barn, did not include the site on which the tennis court was constructed. It was former agricultural land and its use had been changed without the benefit of planning permission and accordingly the permitted development rights accorded by the General Development Orders were not available. In I`s view M had failed to discharge the onus of proof to show that there had been a breach of planning control. M claimed that I had 1) failed to consider whether the tennis court was factually within the curtilage of the house; 2) wrongly taken into account H`s allegation that use for domestic purposes of the land was a use in breach of planning control and 3) wrongly placed on M the
650			_aAGRICULTURAL USE
690			_aPLANNING LAW AND PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c10677 _d10677