Casebook: Housing: Conversion - Change of barn use to residential allowed

Planning, 18 July 2008

Planning permission had been granted for the barn in 2001. The appellant had subdivided it and sited a caravan in one part. The space around it contained a range of items including a fridge, folding bed, beach mats and large cardboard boxes containing bedding and other domestic things. The caravan was reached by metal steps and contained two bedrooms, a lounge and dining area, a shower and toilet, a television and a fax machine.

The inspector agreed that the caravan had been moved into the barn in November 2001 after a dividing wall had been erected. Having regard to the judgement in Lee v First Secretary of State and Swale Borough Council [2003], he concluded that it made no difference whether the facilities required for day-to-day private existence were contained wholly in the caravan. Although the caravan had not been modified or incorporated into the fabric of the building, he noted that it was connected to electricity and drainage supplies.

Applying the principles set out in Gravesham Borough Council v Secretary of State for the Environment and O'Brien [1983], he concluded that the partitioned area of the barn contained all the normal facilities for cooking, eating and sleeping associated with the dwellinghouse use, even though they were wholly found within the caravan. Since the material change of use had occurred more than four years before the LDC application was made, he held that it was lawful.

DCS Number 100-056-073

Inspector Bob Sexton; Inquiry.