Messrs RW Ramsey & Jp Ramsey v Secretary Of State For Environment, Transport & Regions & Anor [2002] EWCA Civ 118 (1 February, 2002)

Messrs RW Ramsey & Jp Ramsey v Secretary Of State For Environment, Transport & Regions & Anor [2002] EWCA Civ 118 (1 February, 2002)

The critical factors for the application of Part 4 Class B of the GPDO are the duration of the proposed use (not exceeding 28 days per year) and the reversion of the land to its normal use between occasions. Permanent physical alterations are only relevant if they prevent such reversion. Since the land in question reverts to agricultural use between events, the proposed use is covered by the deemed permission under the GPDO, and the inspector and judge below erred in law by attaching undue significance to the existing physical changes.

Citation
[2002] EWCA Civ 118
Parties
Claimants/appellants: RW Ramsey & JP Ramsey; First Defendant/respondent: Secretary of State for the Environment, Transport and the Regions; Second Defendant: Suffolk Coastal District Council
Jurisdiction
England and Wales
Procedural Posture
Appeal / Court of Appeal (civil Division) on Appeal From the High Court, Administrative Court
Outcome
Appeal allowed
Legal Topics
Lawful Development Certificate, Temporary Use of Land, Town and Country Planning (general Permitted Development) Order 1995, Material Change of Use, Operational Development, Mixed Use, Reversion to Normal Use
Planning Law Administrative Law Lawful Development Certificate Temporary Use of Land Town and Country Planning (general Permitted Development) Order 1995 Material Change of Use Operational Development Mixed Use +1 more

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Parties

RW Ramsey & JP Ramsey

Claimants/appellants

Secretary of State for the Environment, Transport and the Regions

First Defendant/respondent

Suffolk Coastal District Council

Second Defendant

Procedural Posture

Appeal / Court of Appeal (civil Division) on Appeal From the High Court, Administrative Court

Legal Issues

  1. 1 Whether the proposed use of land for vehicular sports and leisure activities for up to 28 days per year is permitted under Part 4 Class B of Schedule 2 to the GPDO 1995
  2. 2 Whether permanent physical alterations to the land affect the classification of the use as temporary or permanent/mixed use
  3. 3 Whether the land reverts to its normal use between temporary uses

Ratio Decidendi

The critical factors for the application of Part 4 Class B of the GPDO are the duration of the proposed use (not exceeding 28 days per year) and the reversion of the land to its normal use between occasions. Permanent physical alterations are only relevant if they prevent such reversion. Since the land in question reverts to agricultural use between events, the proposed use is covered by the deemed permission under the GPDO, and the inspector and judge below erred in law by attaching undue significance to the existing physical changes.

Court Disposition

Appeal allowed

Orders

  • Order of Scott Baker J of 12th April 2001 set aside
  • Decision of the first defendant's appointed inspector (25th September 2000) quashed