Wall & Ors v Winchester City Council & Anor [2015] EWCA Civ 563 (17 March 2015)

Wall & Ors v Winchester City Council & Anor [2015] EWCA Civ 563 (17 March 2015)

The 2003 planning permission was for use as a travelling showpeoples' site only; use by non-travelling showpeople is not permitted by that permission and constitutes a material change of use. The Inspector erred in law by misapplying the principle in I'm Your Man and failing to determine whether a material change of use had occurred.

Citation
[2015] EWCA Civ 563
Parties
Appellants: Mr M Wall, Mr M Black, Mrs S Wall, Mr D Birch, Mr D Carter, Mr M James; 1st Respondent: Winchester City Council; Interested Party: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
17 March 2015
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (administrative Court)
Outcome
Appeal dismissed
Legal Topics
Planning Permission Interpretation, Material Change of Use, Enforcement Notices, Occupancy Restrictions, Ground (b) Appeals Under Town and Country Planning Act 1990
Planning Law Administrative Law Planning Permission Interpretation Material Change of Use Enforcement Notices Occupancy Restrictions Ground (b) Appeals Under Town and Country Planning Act 1990

Case Brief

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Parties

Mr M Wall, Mr M Black, Mrs S Wall, Mr D Birch, Mr D Carter, Mr M James

Appellants

Winchester City Council

1st Respondent

Secretary of State for Communities and Local Government

Interested Party

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether the 2003 planning permission for use as a 'travelling showpeoples' site' permitted use as a general residential caravan site without restriction on occupancy
  2. 2 Whether the absence of an express occupancy condition meant there was no limitation on use
  3. 3 Whether the Inspector misapplied the principle in I'm Your Man Ltd v Secretary of State for the Environment

Ratio Decidendi

The 2003 planning permission was for use as a travelling showpeoples' site only; use by non-travelling showpeople is not permitted by that permission and constitutes a material change of use. The Inspector erred in law by misapplying the principle in I'm Your Man and failing to determine whether a material change of use had occurred.

Court Disposition

Appeal dismissed

Orders

  • Appellants' appeal dismissed
  • Matter remitted to the Inspector to determine whether the 2003 planning permission was implemented, whether a material change of use occurred, and if so, whether planning permission should be granted for that change under ground (a)