Dental laboratory banned in garden outbuilding

An enforcement notice requiring the owners of a house in Middlesex to stop using a substantial outbuilding in the back garden as a dental laboratory has been upheld following a ruling that it is not incidental to the primary use of the land.

The outbuilding contained specialised equipment including a small kiln, a centrifuge, drills, presses and polishers. The appellant claimed that it was incidental to the main residential use and was permitted under class E, part 1, schedule 2 of the General Permitted Development Order 2008.

The inspector decided that class E does not permit commercial use of curtilage buildings where it is not incidental to the dwelling. In this case, she judged that the size of the building, the amount and type of equipment it contained and its separation from the main dwelling had triggered a material change to a mixed residential and commercial use, so class E rights did not apply.

Inspector: Katie Peerless; Written representations.


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