The case involved a bike training circuit that had been set up in someone’s garden. It included the creation of tracks, jumps, ramps and scaffolding towers. The local authority took enforcement action alleging a material change of use of the garden to a mixed use for residential use and mountain bike purposes and use for motorised sport. The landowner appealed against the enforcement notice.
What are the planning permission regulations?
Planning permission is not required for the use of any buildings or other land within the curtilage of a dwellinghouse if it is for any purpose which is incidental to the enjoyment of the dwellinghouse.
The Planning Inspector who determined the appeal concluded that because the bike training circuit was essentially a training facility, even though it was for personal use, it went beyond the usual functional relationship between a residential dwelling and an incidental use.
What is the difference between primary use and incidental use?
Case law has established that the functional relationship between a primary use and incidental use should be one that is normally found and not based on the personal choice of the user. The use that was taking place in the garden could not reasonably be considered incidental to the enjoyment of the dwellinghouse. The Inspector upheld the enforcement notice which required the use to cease and the structures to be removed. The land had to be returned to its previous condition.
Find out more
If you have any concerns relating to whether or not you can use your garden for a particular use, or for any planning advice please contact us. Our experienced team of planning lawyers are on hand to advise on planning issues including permitted development rights, and potential or current enforcement action.
