External areas - planning issues?

We have been alerted to a recent planning case which may impact on developments of external areas and particularly ‘loose’ furniture. 

Colman v Westminster City Council – reported in the Journal of Planning and Environment Law – involved a number of procedural issues but the Inspector concluded that some relatively common things externally amount to development for planning purposes. The Inspector’s conclusion that "the timber seating benches are structures which fall within the definition of a ‘building’ for planning purposes" is perhaps a possible surprise (see quote below). Given that operators are likely to have similar timber structures outside premises their position in terms of planning should perhaps be considered, if not already covered off – and perhaps not overlooked on any garden ‘refurbishment’ going forward. 

The full reported extract of the case can be viewed here.

The relevant quote follows:

10. The Council submits that the installation of the timber decking and the erection of the timber seating are works that constitute building operations and they have materially altered the external appearance of the existing building. In assessing whether what has taken place falls within the statutory definition of a building, there are three primary factors that are relevant: size, permanence and physical attachment. No one factor is decisive and the assessment is one of fact and degree.

11. When I visited the site I saw that the timber seating is not physically attached to the timber decking. However, these benches are sizeable and weighty elements that are not easily moved. Furthermore, they are maintained in position and are not taken away overnight. Whilst the Appellant claims that they are not permanent, they are clearly not intended to be moved around this fairly restricted area. They have been in place for a sufficient length of time to be of significance in the planning context. Their presence was noticed by local residents. Applying the three-fold test, as a matter of fact and degree, I conclude that the timber seating benches are structures which fall within the definition of a "building" for planning purposes. Their provision within the forecourt amounted to the carrying out of a building operation which constitutes development under s.55(1)

Be aware.