Lee v Surrey Heath Borough Council

Lee v Surrey Heath Borough Council

The Crown Court did not err in law in finding that road planings were waste, storage of bricks breached the Stop Notice regardless of quantity, lamp posts were waste or building materials, logs and branches were not relevant, and the damaged caravan was within the scope of the Stop Notice. The conviction was safe as at least two breaches were proved, and no legal errors arose from the Crown Court's findings.

Parties
Appellant: Thomas Lee; Respondent: Surrey Heath Borough Council
Jurisdiction
England and Wales
Judgment Date
11 May 2021
Procedural Posture
Criminal Appeal by Case Stated / Judgment on Appeal From Crown Court Conviction
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Stop Notice Breach, Waste Definition, Change of Use, Planning Enforcement, Appeal Procedure
Criminal Law Planning Law Environmental Law Stop Notice Breach Waste Definition Change of Use Planning Enforcement Appeal Procedure

Case Brief

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Parties

Thomas Lee

Appellant

Surrey Heath Borough Council

Respondent

Procedural Posture

Criminal Appeal by Case Stated / Judgment on Appeal From Crown Court Conviction

Legal Issues

  1. 1 Whether tarmac or road planings are 'waste' under relevant legislation
  2. 2 Whether storage of bricks was 'de minimis' and constituted a change of use
  3. 3 Whether lamp posts are 'building materials' and if their storage constituted a change of use

Ratio Decidendi

The Crown Court did not err in law in finding that road planings were waste, storage of bricks breached the Stop Notice regardless of quantity, lamp posts were waste or building materials, logs and branches were not relevant, and the damaged caravan was within the scope of the Stop Notice. The conviction was safe as at least two breaches were proved, and no legal errors arose from the Crown Court's findings.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Summary assessment of costs in favour of the Council.