Barton Park Estates Ltd. v The Secretary of State for Housing, Communities and Local Government & Anor.

Barton Park Estates Ltd. v The Secretary of State for Housing, Communities and Local Government & Anor.

The proposed use for stationing up to 80 caravans for permanent residential occupation exceeds the scope of the 1987 and 2013 planning permissions, which permit only a specific mix of residential and holiday accommodation, and would constitute a material change of use requiring planning permission.

Parties
Appellant: Barton Park Estates Ltd.; First Respondent: Secretary of State for Housing, Communities and Local Government; Second Respondent: Dartmoor National Park Authority
Jurisdiction
England and Wales
Judgment Date
21 June 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Interpretation of Planning Permissions, Certificates of Lawfulness, Material Change of Use, Planning Conditions, Caravan Site Regulation
Planning Law Administrative Law Interpretation of Planning Permissions Certificates of Lawfulness Material Change of Use Planning Conditions Caravan Site Regulation

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Parties

Barton Park Estates Ltd.

Appellant

Secretary of State for Housing, Communities and Local Government

First Respondent

Dartmoor National Park Authority

Second Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the inspector erred in law in dismissing an appeal against refusal of a certificate of lawful use for stationing up to 80 caravans for human habitation
  2. 2 Whether the proposed use fell outside the scope of relevant planning permissions
  3. 3 Whether the proposed use would amount to a material change of use without planning permission

Ratio Decidendi

The proposed use for stationing up to 80 caravans for permanent residential occupation exceeds the scope of the 1987 and 2013 planning permissions, which permit only a specific mix of residential and holiday accommodation, and would constitute a material change of use requiring planning permission.

Court Disposition

Appeal dismissed

Orders

  • Certificate of lawful use refused
  • No change to the inspector's decision