Casebook: Court Cases - Silage clamp at farm held to need permission

The High Court has upheld a challenge against Sevenoaks District Council's refusal to require the submission of a planning application for a silage clamp at a farm, concluding that permission was required.

Local residents opposed the development, claiming that the clamp constituted a building that required permission. Mr Justice Sullivan concluded that the council had failed to consider the totality of the development by disaggregating the base and walls. He considered that when viewed as a whole, a building had been erected. He ordered the council to reconsider its decision not to require an application.

Dennis and Another v Sevenoaks District Council; Date: 12 November 2004; Ref: CO/703/2004.

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