North Devon District Council, R (on the application of) v First Secretary Of State & Anor [2004] EWHC 578 (Admin) (12 March 2004)

North Devon District Council, R (on the application of) v First Secretary Of State & Anor [2004] EWHC 578 (Admin) (12 March 2004)

Immunity from enforcement action under section 171B(3) applies to breaches of seasonal occupancy conditions if the breach has occurred in each relevant season for ten years; the breach need not be continuous throughout the year, and the council's failure to enforce during that period results in immunity and entitlement to a lawful development certificate.

Citation
[2004] EWHC 578 (Admin)
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 / Final Judgment
Outcome
application dismissed
Legal Topics
Lawful Development Certificate, Seasonal Occupancy Condition, Enforcement Immunity, Section 171 B Town and Country Planning Act 1990
Planning Law Administrative Law Lawful Development Certificate Seasonal Occupancy Condition Enforcement Immunity Section 171 B Town and Country Planning Act 1990

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Parties

North Devon District Council

Claimant

First Secretary of State

First Defendant

N C Stokes

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Can immunity from enforcement action be acquired in the case of breach of a seasonal occupancy condition under section 171B(3) of the Town and Country Planning Act 1990?
  2. 2 Does repeated seasonal breach constitute separate breaches or a single continuing breach for the purposes of enforcement immunity?

Ratio Decidendi

Immunity from enforcement action under section 171B(3) applies to breaches of seasonal occupancy conditions if the breach has occurred in each relevant season for ten years; the breach need not be continuous throughout the year, and the council's failure to enforce during that period results in immunity and entitlement to a lawful development certificate.

Court Disposition

application dismissed

Orders

  • Claimant to pay First Defendant's costs, summarily assessed at £5,265.
  • Permission to appeal refused.