Janet Maureen Jaffe v Tingdene Marinas Limited

Janet Maureen Jaffe v Tingdene Marinas Limited

The Certificate of Lawful Use issued by the local planning authority operated as a grant of planning permission for the residential use of the caravan on the float, superseding the holiday use limitation in the original planning permission. Therefore, the site is a 'protected site' under the Mobile Homes Act 1983,...

Source-derived case information.

Parties
Respondent: Janet Maureen Jaffe; Appellant: Tingdene Marinas Limited
Jurisdiction
England and Wales
Judgment Date
07 March 2024
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Protected Sites, Mobile Homes Act 1983, Caravan Sites and Control of Development Act 1960, Town and Country Planning Act 1990, Certificates of Lawful Use, Security of Tenure
Land Law Planning Law Housing Law Protected Sites Mobile Homes Act 1983 Caravan Sites and Control of Development Act 1960 Town and Country Planning Act 1990 Certificates of Lawful Use +1 more

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Summary, issues, holding and outcome

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Parties

Janet Maureen Jaffe

Respondent

Tingdene Marinas Limited

Appellant

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

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 operates as a grant of planning permission for residential use
  3. 3 Whether the planning permission and certificate cover the stationing of a caravan as a sole residence

Ratio Decidendi

The Certificate of Lawful Use issued by the local planning authority operated as a grant of planning permission for the residential use of the caravan on the float, superseding the holiday use limitation in the original planning permission. 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 is dismissed.
  • Ms Jaffe is entitled to the protection of the Mobile Homes Act 1983.