[2023] UKUT 251 (LC)
Upper Tribunal Lands Chamber

[2023] UKUT 251 (LC)

Fecha: 23-Ago-2023

Is the proposed use reasonable?

Is the proposed use reasonable?

80.

Mr Peachey submitted that it was reasonable for a private owner of a heritage country house to use a few rooms for an ad-hoc bed and breakfast business. The question of whether it is done to help with the upkeep of the property was not, he said, relevant. He pointed out that the use was allowed under permitted development rights.

81.

Mr Francis noted the change of use did not require planning permission and therefore have not been the subject of any public scrutiny. In most cases the question of whether the use was reasonable could be answered by looking at the grant or otherwise of planning permission. Mrs Cunningham and Mr Nix did not admit that the user was reasonable but tellingly did not provide a reason for their position beyond stating that the fact that the house had been expensive to restore and run was not relevant in any consideration of whether the proposed use was reasonable.

82.

I agree with Mr Peachey, the proposed use is reasonable and the fact that it does not require planning permission is an indication that it is a minor alteration to the use of the premises and one that would not normally give rise to concerns, even in a situation where properties are conjoined.