Colver, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2008] EWHC 2500 (Admin) (09 October 2008)

Colver, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2008] EWHC 2500 (Admin) (09 October 2008)

The unlawful use of the land for stationing a caravan for human habitation had ceased before immunity could accrue; the Inspector was entitled to find the caravan was not used for human habitation in 1992, and enforcement action was not time-barred. The appeal fails on all grounds.

Citation
[2008] EWHC 2500 (Admin)
Parties
Claimant: Colver; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Rochford District Council
Jurisdiction
England and Wales
Judgment Date
09 October 2008
Procedural Posture
Judicial Review (statutory Appeal Under S.289 Town and Country Planning Act 1990) / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Change of Use, Green Belt, Lawfulness of Use, Material Change of Use, Immunity From Enforcement, Grounds of Appeal, Costs
Planning Law Administrative Law Enforcement Notice Change of Use Green Belt Lawfulness of Use Material Change of Use Immunity From Enforcement +2 more

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Parties

Colver

Claimant

Secretary of State for Communities and Local Government

First Defendant

Rochford District Council

Second Defendant

Procedural Posture

Judicial Review (statutory Appeal Under S.289 Town and Country Planning Act 1990) / Final Judgment

Legal Issues

  1. 1 Whether the use of land for stationing a caravan for human habitation had become lawful by immunity from enforcement
  2. 2 Whether the cessation of unlawful use extinguished immunity
  3. 3 Whether the land was used for storage after cessation of habitation

Ratio Decidendi

The unlawful use of the land for stationing a caravan for human habitation had ceased before immunity could accrue; the Inspector was entitled to find the caravan was not used for human habitation in 1992, and enforcement action was not time-barred. The appeal fails on all grounds.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay first respondent's costs summarily assessed at £5,802
  • Extension of time for seeking permission to appeal: 21 days from receipt of approved transcript