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Conclusions
Disposal
In my judgment therefore the FTT was not entitled to impose conditions which had the effect of compromising the enforcement notice and which would perpetuate the harm to the landscape and heritage assets identified by the Inspector.
For that reason I allow the appeal and set aside the FTT’s decision. The FTT should have dismissed the respondent’s appeal and confirmed the conditions included in the site licence issued on 26 April 2022 by the Council (subject to the variations to the licence agreed between the parties, the minor amendment recorded in paragraph 166(c)(ii) of the decision, and the addition of pitches No. 22, 23A and 24A). That is the order I now make. The parties should agree a draft licence containing those variations which should then be issued by the Council.
Martin Rodger KC,
Deputy Chamber President
22 August 2024
Right of appeal
Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.