Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I clarify please does this relate to farm inspections carried out in accordance with powers under the Animal Welfare Act please?
A private dwelling is one which is used not primarily in connectino with a business but rather as a residential premises.Minor ancillary use of a residential dwelling does not preclude it from being a private dwelling.
Trading standards are claiming that this ancillary use gives them a right to entre the annex to my
house and as such they do not have to observe the restriction in the Animal Welfare Act 2006
Providing the use of a dwelling is principally for residential purposes then it will be considered a private dwelling house. The storing of some medicine at the property would be classed as an ancillary use and would not change the use of the dwelling from residential to business. In order for a change of use to apply the normal test that applies under planning legislation is whether a majority of the property is used for business purposes though this is not a rigid rule. There is little question that your use of a small part of the annexe for storing a small medicine box would consititue a change of use and a suggestion to the contrary is an extremely optimistic interpretation of planning law.
or give consideration to my rights under the Human Rights Act section 8. They also seam to claim that the annex is an out building (although the same construction) and as such is not part of my private residence.
In addition the Animal Welfare Act provides that "...references to a part of premises which is used as a private dwelling include any yard, garden, garage or outhouse which is used for purposes in connection with it."
Are they right? Can you give me any legal references on this.
In the circumstances you may refectfully suggest to the inspector that if they wish to enter your property which is a private dwelling house they will require a warrant which they can of course apply for.
Where in the AWA does it clarify the term yard garden etc. A private dweling house is different to a private dweling is it not.
s28 AWA provides that Subsection (2) [this is the section that gives an inspector a right of entry onto premises in which he believes animals are being bred or kept] does not authorise entry to any part of premises which is usedas a private dwelling
At the moment I have done this but they simply barge in time and time again claiming they do not need a warrant.
In the definitions under the Act it provides that "In this Act, references to a part of premises which is used as a private dwelling include any yard, garden, garage or outhouse which is used for purposes in connection with it". Accordingly an inspector has no power to enter your private house nor any of the above structures associated with it.
What is included in the term private dwelling no mention is made of yard garden etc.
On the basis that your annexe has C3 planning use (which can be confirmed with the council) the inspector has no right to enter it and will require a warrant to do so. You may wish to refer him to the council to confirm the planning use for the same if he is any doubt.
Is there anything above I can clarify for you?
The annex was constructed under permitted development rights and has no planning permission per say. Does this make a difference.? I think that is about it.
The annexe assuming if built under permitted development and used in connection with the main property will automatically inherit the C3 (Dwellinghouses) planning use of your main dwelling under the Town and Country Planning (Use Classes) Order 1987.
Based on what you say I cannot see there would be anhy difficulty here unless you have applied for a change of use which I presume is not the case from what you say.
Does the above answer all your questions or is there anything I can clarify or help you with any further?
No, thank you very much.