Casebook: Appeal cases - Food and drink uses. Outside area at tea rooms ruled unlawful

An inspector has upheld two enforcement notices directed against the laying of paving stones to create a sitting-out area associated with a brasserie and tea rooms at a site in Hampshire, concluding that the land had not been continuously used for such purposes over a ten-year period.

Local residents had kept a close watch over activities at the site and this had triggered a significant number of complaints in 2001, when neighbours asserted that the appellant had laid the patio stones and placed tables and chairs. The inspector agreed that until then the area had only been used by staff eating their lunch and not by visitors. Hence it was not immune from enforcement action, he ruled.

DCS No: 33420948; Inspector: Doug Morden; Inquiry.


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