CA-2025-000342 - [2025] EWCA Civ 1442

Fecha: 12-Nov-2025

A summary of the appellant’s submissions

A summary of the appellant’s submissions

74.

Mr. Harwood sought to maintain the submissions which had been made on behalf of the appellant in the UT.

75.

In summary, the appellant submitted that:

(1)

The 2022 licence permitted only three plots, or as amended by the UT 6 plots, in contrast to the 60 plots authorised by the 1952 and 1966 planning permissions and the 1968 site licence;

(2)

The remedial steps in an enforcement notice must be directed to the breach of planning control specified. It cannot remove existing planning rights (Mansi v Elstree District Council (1964) 15 P & CR 153). An enforcement notice will be interpreted so as not to interfere with any permitted development rights under the GPDO 2015 (Duguid v Secretary of State for the Environment, Transport and the Regions (2001) 82 P & CR 6). It would be irrational for the Council to enforce against and obtain the removal of, hardstandings and services which could then be put back immediately under a permitted development right, namely the Class B right;

(3)

Permitted development rights are prospective. They authorise development which has yet to take place. An enforcement notice is directed against development which has already occurred and cannot prevent reliance in the future upon permitted development rights;

(4)

The Upper Tribunal erred in law in finding that it was irrational for a site licence to authorise caravan plots giving rise to Class B rights which were inconsistent with the operational development enforcement notice. The ability of a subsequent decision to allow development inconsistent with an enforcement notice is inherent in planning legislation and the relationship of the 1960 Act with that regime. Whether land can be used as a caravan site depends upon the grant of planning permission (or a lawful development certificate). A site licence under the 1960 Act usually controls “the details” of the use of a site and gives rise to permitted development rights for development required by the site licence conditions. That allows for flexibility and the upgrading of facilities over time without having to make planning applications;

(5)

Conditions may only be imposed on a site licence under the 1960 Act for site licensing purposes and not for purely planning purposes. The issues underlying the enforcement notice were planning not site licensing matters.