Breachberry Ltd v Secretary of State for the Environment and Shepway District Council [1985] JPL 180
Breachberry is an older planning authority concerning the character of hotel or guest-house accommodation and whether a change towards residential accommodation amounted to a material change of use.
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- Neutral citation
- [1985] JPL 180
- Court
- High Court, Queen's Bench Division
The character of the accommodation matters more than a checklist of services
Later planning material cites Breachberry for the proposition that the classification of premises as a hotel or guest house does not depend on every conventional hotel service being provided. In particular, the absence of meals or a full range of services is not by itself decisive.
The planning question is the character of the use in practice, including the nature of occupation, the degree of transience and whether the premises function as accommodation for travellers or short-stay guests rather than as the occupiers’ home.
A move towards ordinary residential occupation can be material
Secondary reports identify the case as involving a change from guest-house use towards residential accommodation. That illustrates why the distinction between hotel or guest-house use and ordinary residential occupation is a matter of fact and degree rather than simply the label used by the operator.
The case is therefore relevant to modern disputes involving hotels, guest houses, hostels, serviced accommodation and aparthotels, although the current Use Classes Order and later authorities must also be applied.
Source limitation
Planning Geek has not located the original High Court judgment. Secondary legal sources consistently cite the case as [1985] JPL 180, although some informal references describe the underlying judgment as dating from 1984.
Because the original report has not been obtained, this page deliberately limits itself to propositions which can be corroborated from later planning material. Planning Geek’s aparthotel guidance also discusses the case in its modern planning context.
Breachberry Case Law Page Updated: 11th September 2026