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DC Casebook: Housing conversion - Squash court home considered lawful

Housing conversion

Planning, 11 July 2008

An inspector has issued a lawful development certificate for the residential conversion of a squash court in the curtilage of a listed building in the green belt in Surrey, finding that the development which had been carried out fell within the terms of a planning permission.

Permission had been granted in 2003 for nine dwellings and the conversion of the squash court. The council argued that the permission could not be lawfully implemented in relation to the court because the building had been partially demolished and therefore could not be converted.

The inspector noted that all the permission documents referred to the conversion of the squash court to a dwellinghouse. However, she found that the drawings clearly showed the extent of the proposal, which amounted to demolition of 66 per cent of the walls to provide for a change of use from a squash court to a dwelling. She concluded that the council's refusal to grant a certificate of lawful use or development was not well-founded.

DCS Number 100-055-758

Inspector Gloria McFarlane; Inquiry.