Get the Latest - RRO’s, Improvement and Prohibition Notices 22nd August 2019 RIAMS Last Chance to Get Your 10% Discount on RIAMS Training 21st August 2019 RIAMS Book Now to Get Your Early-Bird Discount 21st August 2019 Training Times Running out to Join us at the Houses of Parliament 20th August 2019 The Noise App How to Add Favourites and Use Shared Favourites 20th August 2019 RIAMS Upcoming Training Courses with RHE 20th August 2019 Training Did you speak to us at the CIH NI Housing Festival? 14th August 2019 RIAMS How do the Public Report to You? 13th August 2019 The Noise App Kicking off our new ‘How to’ Series 12th August 2019 RIAMS Launching The Noise App in Australia 7th August 2019 The Noise App Do you Follow the Legal and Enforcement Community? 7th August 2019 RIAMS RSPH Food Safety: It’s a Risky Business 6th August 2019 Training Get Your 10% Discount on RIAMS Training 6th August 2019 RIAMS RIAMS User Groups Coming Soon 5th August 2019 RIAMS How to ‘Follow’ a group on RIAMS Communities 5th August 2019 RIAMS Latest from the Housing Health Bulletin 1st August 2019 RIAMS Join us at the Houses of Parliament for the John Connell Noise App Award 2019 31st July 2019 The Noise App Meeting with ALEHM in Westminster 31st July 2019 RIAMS New Legal Digest Assessing a Company Directors’ Personal Liability 30th July 2019 RIAMS Find out more about the Speakers for our Housing Conference 2019 29th July 2019 Training Who is Reportable For? 29th July 2019 Reportable A Letter From Our Managing Director 29th July 2019 RIAMS How Does Reportable Work? 22nd July 2019 Reportable Now Taking Nominations for the John Connell Awards 2019 17th July 2019 The Noise App Establishing a Breach of the HMO Management Regulations 16th July 2019 RIAMS

Caravan Site Licensing Dispute Over Unauthorised Expansion

20th December 2018 RIAMS

The latest digest from Tim Everett on the Legal Digest and Enforcement community on RIAMS Communities focuses on the case, London Borough of Havering v Wyldecrest Parks (Management) Ltd. [2018] UKUT 354 (LC).

In this case, the Upper Tribunal was required to consider whether the First-Tier Tribunal (FTT) had the jurisdiction to hear an appeal against a failure of a Council to issue a licence for a caravan site where there was no planning permission or certificate of lawfulness of existing use.

Wyldecrest Parks (Management) Ltd., a caravan site operator, was issued with an Enforcement Notice and Stop Notice after unauthorised expansion of their holiday park in Romford, Essex. After the Council refused to issue a licence, Wyldecrest appealed to the First-Tier Tribunal under Regulation 6 of the 2014 Regulations.

In this hearing, the FTT refused to strike out the appeal and stayed the proceedings until the Secretary of State had made a decision on the appeal of the Enforcement Notice. The Council and Wyldecrest then both appealed to the Upper Tribunal.

In considering this case, the court established that while the Caravan Sites and Control of Development Act 1960, section 3 allows for a licence application to be made before acquiring planning permission or certificate of lawfulness, it is clear that the Council cannot grant a licence until the planning status has been resolved. The act also makes clear that the Council was the primary decision maker but at all relevant times, had no power to issue a site licence because the planning issue was unresolved.

The Upper Tribunal allowed the Council’s appeal against the FTT’s decision and dismissed the company’s cross-appeal against the decision to adjourn proceedings until the other planning appeal had been resolved. They ruled that the FTT had no jurisdiction to hear the matter.

To read the full digest, click here.

You must be signed into RIAMS Communities to read the full post; UK local authority employees can sign in or create an account for free.