The meaning of Building under the Town and Country planning Act 1990

Planning permission is required under the Town and Country Planning Act 1990 for the carrying out of any building operations.

The Court's general approach in construing what works would amount to a "building operation" for this purpose is to consider whether the works carried out have resulted in the erection of a "building" and in this regard the Court factors such as the size, permanence and physical attachment of the structure in question are relevant.

The Court of Appeal has recently provided clarification in Skerritts of Nottingham Ltd -v- Secretary of State for the Environment Transport and the Regions that the correct approach for any decision-maker is to consider the degree of permanence of any purported building as a question of fact in each particular case.

In this case, the Court of Appeal upheld an enforcement notice served by the local planning authority requiring the removal of a temporary marquee which had been erected on the lawn of a hotel on the grounds that the structure amounted to a building operation within the meaning of Section 55 of the Town and Country Planning Act 1990.

In reaching its conclusion, the Court of Appeal rejected the finding at first instance that a building could only be a structure which was intended to remain permanently on a permanent foundation. In this particular case the Court of Appeal was satisfied that the temporary marquee which measured 40 x 70 metres and was constructed on a aluminium frame covered in white plastic canvass and with a timber floor was sufficiently permanent so as to amount to a building.

For further information on this topic, please contact Catherine Montgomery at [email protected] or on (+44) (0)20 7367 2476.