The kiosk was over seven metres long, over two metres high and approximately two metres wide, constructed of glass reinforced plastic set in an aluminium frame on a steel chassis with eight castors. It was manufactured off-site and pushed onto the beach using the castors, the appellant claimed. Although the castors had sunk into the beach the appellant stated that once the internal fittings and equipment had been removed the kiosk could be pushed off the site in two sections once various bolts had been removed.
In applying the tests laid down in Skerrits of Nottingham Ltd v Secretary of State for the Environment and the Regions , the inspector determined that its size was not determinative as to whether it comprised a building because it was not dissimilar to a large touring caravan. The council had granted a lease to allow the kiosk to be sited on the beachfront until 2014 and it was therefore not intended to be permanent. Moreover, while its removal might take longer than the two hours suggested by the appellant, it did have little physical attachment to the ground. On this basis its siting involved a material change of use of the land rather than the erection of a building.
In his opinion he could not correct the allegation since this would also require amending the steps required to comply which would involve requiring the use to cease permanently. This would be more onerous and therefore unjust and consequently the notice was quashed.
Inspector David Murray; Hearing