![CA-2025-000342 - [2025] EWCA Civ 1442](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
Heading
ON APPEAL FROM THE UPPER TRIBUNAL (LANDS CHAMBER)
Upper Tribunal Judge Martin Rodger KC
[2024] UKUT 237 (LC)
Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
LORD JUSTICE MOYLAN
LORD JUSTICE NUGEE
and
LORD JUSTICE HOLGATE
Between :
HAYTOP COUNTRY PARK LIMITED | Appellant |
- and - | |
AMBER VALLEY BOROUGH COUNCIL | Respondent |
Richard Harwood KC (instructed by Apps Legal) for the Appellant
Richard Kimblin KC and Anna Stein (instructed by the Assistant Director of Governance and Democracy, Gedling Borough Council) for the Respondent
Hearing date : 8 October 2025
Approved Judgment
This judgment was handed down remotely at 12 noon on 12 November 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
.............................
Lord Justice Holgate :
- Heading
- Introduction
- Statutory framework
- Caravan Sites and Development Control Act 1960
- The history of the planning and site licensing decisions
- The 2022 site licence and decisions of the FTT and UT
- The decision of the First-tier Tribunal
- The decision of the Upper Tribunal
- A summary of the appellant’s submissions
- Discussion
- The relationship between planning legislation and the 1960 Act
- Circumstances where a pure planning consideration is irrelevant to site licensing
- Departing from the terms of a planning permission upon which the site licence depends
- Conclusions
- Conclusions