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Dwelling house - four-year period |
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There is a four-year time period for taking enforcement action in respect
of a breach of planning control involving a change of any building to use
as a single dwelling house (s171B(2) TCPA 1990).
A recent bizarre case involved a small one-room building (previously a
simple stone shelter) in woodlands. There was no running water, bathroom
or toilet, but the owner applied for a lawful development certificate, to
confirm that the use of the building was that of a dwelling house. He argued
that the four-year limitation period applied and therefore a certificate should
be granted. He failed, with the court taking the view that it was not a
dwelling house – even though he might have lived there. The fact was that
the building had not been constructed as a dwelling house and did not look
like a dwelling house (and could not be turned into one merely by the owner
living there). Thus, you cannot turn any old building into a dwelling house by
simply moving into it. Grendon v First Secretary [2006] EWHC 1711, noted
in [2006] EG 2 September 142.
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November 2006 |
