Bass Taverns Ltd v Secretary of State for Scotland 2000 SLT 775An enforcement notice was served on the owners of a hotel alleging that they were in breach of planning consent. They had had permission to have a beer garden as an ‘incidental use’ of the hotel premises. They extended the use of the beer garden by increasing the number of tables. The enforcement notice alleged that they had thereby breached their planning permission, causing a detriment to the amenity of local residents due to the increased noise and nuisance. They successfully appealed against the notice. The Court of Session held that, as the beer garden had existed for some years, it was covered by existing planning permission. The fact that they had increased its use did not stop it being ‘incidental’ to the main hotel premises.
