Suburban Property Investments Ltd v Secretary of State for Communities and Local Government [2011] EWCA Civ 112

27 Jun 2019

Planning and Environment

The appellant company appealed against a decision ([2009] EWHC 2018 (Admin)) dismissing its appeal against a decision of an Inspector appointed by the Secretary of State, for whom Lisa acted in both the Administrative Court and the Court of Appeal, upholding an enforcement notice issued by the local planning authority.

The use of underground garaging associated with a block of flats by non-residents was in breach of a condition stipulating that such space could only be used for purposes incidental to the enjoyment of a dwelling-house or flat; and use of the garage by people living elsewhere was not incidental to the enjoyment of those dwellings.