000 01533cab a2200253 4500
001 ABS45337
008 090401t1991 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u52423
041 _aeng
245 _aWallington v SoS for Wales and others
260 _c1991
350 _a0
490 _aJournal of Planning and Environment Law
_v1991 JPL 942-947(3)
520 _aCA 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.
650 _aCHANGE OF USE
650 _aDOGS
650 _aDWELLING HOUSE
650 _aENFORCEMENT NOTICES
650 _aINCIDENTAL USE
650 _aTOWN AND COUNTRY PLANNING ACT 1971 S22(2)(D)
690 _aPLANNING LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c32483
_d32483