000 01394cab a2200205 4500
001 ABS41888
008 090401t1989 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u33282
041 _aeng
245 _aEmin v SOS for the Environment and Mid-Sussex DC
260 _c1989
350 _a0
490 _aJournal of Planning and Environment Law
_v(1989) JPL 909-914(6)
520 _aQBD 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.
650 _aPLANNING APPEALS
650 _aSECTION 53 DETERMINATION
690 _aPLANNING LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c22245
_d22245