Colver, R (on the application of) v Secretary of State for Communities and Local Government & Anor

Colver, R (on the application of) v Secretary of State for Communities and Local Government & Anor

The Inspector was entitled to find, on the evidence, that the use of the land for stationing a caravan for human habitation had ceased before the relevant date, so the 10-year immunity period had not accrued. The subsequent resumption of use in 2001 was a new material change of use, less than 10 years before enforcement action. The 'fall-back' arguments regarding storage or ancillary use were either not advanced or would not have altered the outcome given the planning merits and Green Belt policy.

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 (planning Appeal) / Judgment on Appeal Under Section 289 of the Town and Country Planning Act 1990
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Material Change of Use, Green Belt, Cessation of Unlawful Use, Planning Immunity
Planning Law Administrative Law Enforcement Notice Material Change of Use Green Belt Cessation of Unlawful Use Planning Immunity

Case Brief

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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 (planning Appeal) / Judgment on Appeal Under Section 289 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the use of land for stationing a caravan for human habitation had ceased before it became immune from enforcement action
  2. 2 Whether the Inspector erred in concluding that enforcement action was not time-barred under the 10-year rule
  3. 3 Whether the Inspector failed to consider the appellant's 'fall-back' position regarding storage or ancillary use of a caravan

Ratio Decidendi

The Inspector was entitled to find, on the evidence, that the use of the land for stationing a caravan for human habitation had ceased before the relevant date, so the 10-year immunity period had not accrued. The subsequent resumption of use in 2001 was a new material change of use, less than 10 years before enforcement action. The 'fall-back' arguments regarding storage or ancillary use were either not advanced or would not have altered the outcome given the planning merits and Green Belt policy.

Court Disposition

Appeal dismissed

Orders

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