Casebook: Appeal Cases - Food and drink uses - Pub marquee held not to involve development

A marquee at a Hertfordshire pub measuring 12m by 18m and approximately 6m high falls outside the definition of development and does not require planning permission, an inspector has ruled.

The inspector noted that the marquee was half the size of the one considered in Skerrits of Nottingham v Secretary of State for the Environment, Transport and the Regions (2000). He observed that the marquee could be easily erected in less than a day, that it had no permanent attachment to the ground and could easily be removed. Consequently it did not involve a building operation within the meaning of section 55 of the Town and Country Planning Act 1990, he held.

In relation to storage containers placed within the grounds, the inspector determined that although they had no foundations, the facts of the case allowed him to conclude that they amounted to a building operation rather than a use of the land. He ruled that permission was therefore required for their retention and upheld this part of the enforcement notice.

DCS No: 47915242; Inspector: John Martin; Written representations.

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