This appeal concerned an enforcement notice served against flats on the upper floors of a public house. The flats were unacceptably small, and the principal issue was the ground (d) appeal. The upper floors had previously been used for residential purposes, but usually in association with the ground floor public house use. The landlord sometimes allowed them to be used by lodgers, but there was nothing to suggest that the lodgers had separate occupation of any space (they shared rooms). The Inspector therefore found that the entire building had previously been a single planning unit, whereas now each flat was a separate planning unit. The appeal was dismissed.
Richard Langham appeared for the local planning authority.