Challenge Fencing Ltd v Secretary of State for Housing, Communities and Local Government [2018] EWHC 2900 (Admin)

3 October 2018

“It is the Claimant’s case that a number of elements need to be established to demonstrate that a hardstanding laid in reliance on Part J is lawful:

(1) The tests for lawfulness must be applied on the basis of the situation that prevailed at the time that the works were carried out;

(2) The industrial or warehouse building in question must benefit from a lawful industrial/warehouse use at that time;

(3) The area of hardstanding must be within the curtilage of that building at the time of the works;

(4) To be within the curtilage of the building, the hard surface must be within the same enclosure and to have a functional relationship with the building.

(5) The hardstanding must be “to be used” for the same purpose as the business or enterprise as the building;

(6) There is no requirement for the hardstanding to be subservient or ancillary to the building.” (para 17)