Casebook: Court Cases - Sheds on wheels escape need for permission

Tewkesbury Borough Council has failed to convince the High Court that the siting of wheeled sheds approximately 10m long and made predominantly of chipboard at a farm in Gloucestershire involved a building operation.

The council argued that the sheds involved building operations that were not permitted agricultural development under part 6, schedule 2 of the General Permitted Development Order 1995. The farmer responded that because they could be moved about on wheels, the sheds did not involve built development.

Mr Justice Jack agreed that the sheds were not buildings. Their assembly from two halves did not constitute a building operation and therefore did not involve development, he ruled. Because the sheds were not attached to the land and did not affect its physical character, he decided that permission was not required.

Tewkesbury Borough Council v Keeley and Another; Date: 15 November 2004; Ref: HQ04X00439.


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