A High Court judge has made it clear that in order for a building to be classed as a “dwelling-house”, it must have all of the necessary facilities, and not rely on the amenities in a neighbouring building.
Sullivan J has refused leave for a couple to challenge a decision that the property they occupy at Lymington, Hampshire, cannot be classed as a dwelling-house. The couple sought leave on the basis that washing arrangements, cooking facilities and a generator were available in a nearby building.
However, the judge held that it was not permissible to aggregate the facilities of two buildings in the way sought, and dismissed the application.
Denson and another v Secretary of State for the Environment, Transport and the Regions and another Queens Bench Division (Sullivan J) 4 July 2000.
PLS News 5/7/00
