The prefabricated structure had been assembled on-site. It was more than 7m long, almost 4m wide and more than 3m high and mounted on a timber frame and skids. Brackets allowed it to be towed by a tractor. It had no floor but rubber mats were placed in it directly onto the grass.
The inspector noted the judgement in Skerritts of Nottingham Ltd v Secretary of State for the Environment, Transport and the Regions , where the Court of Appeal held that whether or not a structure is a building depends on its size, permanence and attachment to the ground. The appeal structure did not rely on a hardstanding or foundations for support, she found.
The inspector agreed that it could have been assembled without specialist assistance from a builder and noted that water running off the roof was channelled directly onto the ground, with no fixed drainage system. In this light, she held that it did not involve a building and did not constitute development within the meaning of section 55 of the Town and Country Planning Act 1990.
DCS Number 100-069-048
Inspector Janice Chance; Written representations.