North Devon District Council, R (on the application of) v First Secretary Of State & Anor

North Devon District Council, R (on the application of) v First Secretary Of State & Anor

Continuous occupation in breach of a seasonal occupancy condition for over ten years constitutes a single continuing breach for the purposes of section 171B(3) of the Town and Country Planning Act 1990. Immunity from enforcement action can be acquired, and the occupier is entitled to a lawful development certificate. The council's interpretation would subvert the purpose of the statutory limitation period.

Parties
Claimant: North Devon District Council; First Defendant: First Secretary of State; Second Defendant: N C Stokes
Jurisdiction
England and Wales
Judgment Date
12 March 2004
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Inspector's Decision
Outcome
Application dismissed
Legal Topics
Lawful Development Certificate, Enforcement of Planning Conditions, Seasonal Occupancy Conditions, Statutory Interpretation
Planning Law Administrative Law Lawful Development Certificate Enforcement of Planning Conditions Seasonal Occupancy Conditions Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

North Devon District Council

Claimant

First Secretary of State

First Defendant

N C Stokes

Second Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Inspector's Decision

Legal Issues

  1. 1 Whether immunity from enforcement action can be acquired for breach of a seasonal occupancy planning condition under section 171B(3) of the Town and Country Planning Act 1990
  2. 2 Whether continuous breach of a seasonal condition over ten years entitles the occupier to a lawful development certificate

Ratio Decidendi

Continuous occupation in breach of a seasonal occupancy condition for over ten years constitutes a single continuing breach for the purposes of section 171B(3) of the Town and Country Planning Act 1990. Immunity from enforcement action can be acquired, and the occupier is entitled to a lawful development certificate. The council's interpretation would subvert the purpose of the statutory limitation period.

Court Disposition

Application dismissed

Orders

  • Application to quash inspector's decision dismissed
  • Claimant to pay first defendant's costs, summarily assessed at £5,265