A cricket practice ‘net’ erected on 3.6 metre high posts which had been concreted into the ground was put up in the rear garden of a dwelling. The Local Planning Authority issued enforcement proceedings requiring the removal of the structure, on the basis that it was a “building” and required planning permission.
The relevant law is found in Section 336 of the Town & Country Planning Act 1990, which contains the definition that a ‘building’, “includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building”.
It was determined that three factors need to be considered to establish if development constitutes a ‘building’ – the degree of permanence, physical attachment to the site, and whether it is constructed on site.
The Planning Inspector determined that the cricket net’s posts were attached to the ground by the concrete and were, therefore, permanently in place, and that the erection was constructed on site, and concluded, as a matter of fact and degree, that it was a building requiring planning permission, and upheld the Local Authority’s Enforcement Notice.