Posted by Laurence Monkhouse on July 27, 2006 at 18:21:37 from 80.3.128.6 user Laurence_.
In Reply to: Re: posted by Eric Abraham on July 27, 2006 at 14:50:36:
The problem is that wretched word 'Precedent'
If Roger's case, which indeed seems harmless enough, were to be allowed, then as soon as he decided he didn't want to live there any more somebody would buy the site and put in a Planning Application for an 8 bedroom mansion, some smart lawyer would argue that it should be granted because a precedent had been set for a 'dwelling' on the site, that Roger's case wasn't special enough to distinguish him from 'my client' and a Planning Inspector might very well accept that argument. Or if the Inspector didn't then a Judge of the High Court would be quite likely to do so.
I have seen it happen again and again. The fear of precedence stops many worthwhile schemes with special arguments in their favour coming to fruition.