Avon Estates Ltd v Welsh Ministers & Anor

Avon Estates Ltd v Welsh Ministers & Anor

Seasonal use conditions in permissions granted for a limited period are intended to be coterminous with the authorised development and do not survive the expiry of the permission; only the restoration condition may survive for enforcement after expiry.

Parties
Appellant: Avon Estates Ltd; Respondent: Welsh Ministers; Respondent: Ceredigion County Council
Jurisdiction
England and Wales
Judgment Date
16 May 2011
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Planning Permission, Conditions, Temporary Permissions, Enforcement, Certificate of Lawfulness
Planning Law Planning Permission Conditions Temporary Permissions Enforcement Certificate of Lawfulness

Case Brief

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Parties

Avon Estates Ltd

Appellant

Welsh Ministers

Respondent

Ceredigion County Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether conditions attached to a planning permission granted for a limited period remain enforceable after the expiry of that period and immunity from enforcement is acquired
  2. 2 Whether seasonal occupancy conditions survive the expiry of the temporary permission

Ratio Decidendi

Seasonal use conditions in permissions granted for a limited period are intended to be coterminous with the authorised development and do not survive the expiry of the permission; only the restoration condition may survive for enforcement after expiry.

Court Disposition

appeal allowed

Orders

  • Matter remitted to the inspector to re-determine the certificate appeals in light of this court’s decision