Casebook: Appeal cases - Housing: Conversion - Stables conversion rejected at livery business
The single-storey building with a pitched tiled roof had been fitted out as a dwelling and looked like a new bungalow, the inspector found.
He decided that the site lay in the countryside and that the accommodation could accordingly only be allowed to remain if it was related to a viable farming enterprise. There was no basis for allowing a worker to live on site on animal welfare and husbandry grounds, he ruled.
He found that little information had been submitted on the economic viability of the business. Although the appellants claimed to be Gypsies, they no longer had a nomadic lifestyle and had lived in another nearby dwelling for a number of years. The fact that they wished to live next to fields and horses could not be given significant weight in determining the appeal, he ruled.
The inspector also decided that there would be no breach of the appellants' human rights to protection against racial discrimination. His conclusions on the unacceptable nature of the development would have been the same under circumstances where the appellants had not been Gypsies, he reported.
DCS No: 35378304; Inspector: Tony Fussey; Hearing.
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