Jaffe v Tingdene Marinas Ltd [2024] EWCA Civ 751 (03 July 2024)

Jaffe v Tingdene Marinas Ltd [2024] EWCA Civ 751 (03 July 2024)

The Certificate of Lawful Use issued in 2014 superseded the holiday use limitation in the 1998 planning permission and operated as a grant of planning permission for residential use of the caravan on the float. Therefore, the site is a 'protected site' under the Mobile Homes Act 1983, entitling Ms Jaffe to statutory protection.

Citation
[2024] EWCA Civ 751
Parties
Applicant/respondent: Janet Maureen Jaffe; Respondent/appellant: Tingdene Marinas Limited
Jurisdiction
England and Wales
Judgment Date
03 July 2024
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Protected Sites, Mobile Homes Act 1983, Caravan Sites and Control of Development Act 1960, Planning Permission, Certificate of Lawful Use, Security of Tenure, Interpretation of Planning Permissions
Land Law Planning Law Housing Law Protected Sites Mobile Homes Act 1983 Caravan Sites and Control of Development Act 1960 Planning Permission Certificate of Lawful Use +2 more

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Parties

Janet Maureen Jaffe

Applicant/respondent

Tingdene Marinas Limited

Respondent/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the land occupied by Ms Jaffe is a 'protected site' under the Mobile Homes Act 1983
  2. 2 Whether the Certificate of Lawful Use supersedes the holiday use limitation in the original planning permission
  3. 3 Whether the planning permission and certificate permit residential occupation of the caravan on a float

Ratio Decidendi

The Certificate of Lawful Use issued in 2014 superseded the holiday use limitation in the 1998 planning permission and operated as a grant of planning permission for residential use of the caravan on the float. Therefore, the site is a 'protected site' under the Mobile Homes Act 1983, entitling Ms Jaffe to statutory protection.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Tingdene Marinas Limited is dismissed.
  • Ms Jaffe is entitled to the protection of the Mobile Homes Act 1983.