Size and weight of raised stable renders it a building

A timber stable erected on skids in open countryside in a national park in West Sussex was refused, and the enforcement notice requiring its removal upheld, the inspector deeming it was a building, by virtue of its size and permanence, was not in use for agriculture and had a harmful effect on the open rural character of the national park.

One of the appellant’s grounds of appeal was that the as the building was on skids raised off the ground in a field, it constituted a moveable structure and benefitted from permitted development. But the inspector held the size of the large, double stable timber structure and its heaviness meant it was attached to the ground by its sheer physical weight and therefore constituted a building within the meaning of the Act. He felt it would require substantial machinery to move it and the council had evidence that it had not been moved since 2018. In addition, the inspector considered the structure was not permitted development by virtue of Class B, part 6 of the GPDO as the appeal site was less than five hectares in size and was not in agricultural use. 

In assessing the impact of the proposal on the appearance and character of the area the inspector held it intruded on its open rural character and had an unacceptable impact which did not conserve the landscape character and scenic quality of the national park. 

Inspector: Graham Dudley: Written representations

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