6 HIGHLAND AVENUE, DAGENHAM, ESSEX, RM10 7AS

without planning permission, the unauthorised use of the outbuilding at the rear of the property as a catering business

Authority: London Borough of Barking and Dagenham Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: other · Householder developments
Inspector: White P

Main issues, as the Inspector framed them

The appeal on ground (b): whether the matters constituting the breach of planning control alleged in the notice have occurred
The appeal on ground (c): whether a material change of use has occurred, and whether the catering use is incidental to the use of the Land as a dwellinghouse

What decided it

The scale and environmental effects (noise, odour, visitor numbers) of the home catering use were found to be low and not materially different from those that could occur from any ordinary dwellinghouse, so no material change of use had occurred.

Judgments cited: Sage v SSLGC [2021] EWHC 2885 (Admin)

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