The Filter House, Hayeswater Gill Valley, Hartsop, CA11 0NZ

use of Filter House, as a dwelling in the form of a holiday home

Authority: Lake District
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Franks Z

Main issues, as the Inspector framed them

Whether the Authority's decision to refuse to grant a certificate of lawful use or development was well-founded

What decided it

The requirement for occupants to sleep in a tent and caravans inside the building demonstrated that the building did not afford all facilities required for day-to-day private domestic existence and therefore could not be classified as a dwellinghouse.

Judgments cited: Gravesham BC v SSE & O'Brien [1983]; Impey v SSE & Lake District SPB [1981] JPL 363; Backer v SSE & Camden LBC [1983] JPL 167; Macmillan and Co. Ltd v Rees (1946) 1 All ER 675

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