The Defendants undertook works to change a former commercial greenhouse in Ravenscar, within the North York Moors National Park (NYMNP), into a dwelling with panoramic views out to sea and towards Robin Hoods Bay. The NYMNP Authority served an Enforcement Notice requiring the change of use to cease and that the associated works be reversed. This was upheld on appeal. The Defendants then undertook works purporting to comply with the Notice, but continuing in fact to result in a modified dwelling.
The High Court (JJ Judge Davis-White QC, sitting as a Judge of the High Court) determined, following a 4 days hearing, that the current user was in breach of planning control and that it should be required to cease it, and that the second set of building operations was in breach of planning control and required reversal.
These findings resulted, in light of the facts, on what is a relatively complicated order. This can be found here.