Digital Innovation and Public Protection Data: A Letter from our Founder and MD 9th January 2019 RIAMS Pollution Control Training Event on 24 January, Blaby 8th January 2019 Training 2018 - A Year in Brief 7th January 2019 RIAMS New Reportable App Now Available 7th January 2019 Reportable Supporting our NI Subscribers 4th January 2019 RIAMS Merry Christmas and Office Opening Times 20th December 2018 RIAMS Caravan Site Licensing Dispute Over Unauthorised Expansion 20th December 2018 RIAMS Benefits of Using RIAMS: Accrue CPD 17th December 2018 RIAMS Reassessing Hazards before a Hearing 13th December 2018 RIAMS Welcome to our Autumn Subscribers 12th December 2018 The Noise App Enter Now for Your Chance to Win! 11th December 2018 RIAMS Benefits of Using RIAMS: Uploading Content 10th December 2018 RIAMS New Transforming ASB Investigation and Enforcement Conference, London   4th December 2018 Training Benefits of Using RIAMS: Sharing Information 3rd December 2018 RIAMS Investigations into Housing and Mental Health  29th November 2018 RIAMS Establishing the Meaning of ‘Knowingly Permitted’ in Waste Operation Offences 28th November 2018 RIAMS Benefits of Using RIAMS: Improving Consistency 28th November 2018 RIAMS Upcoming Training Courses from RHE 22nd November 2018 Training The Noise App Case Study: Managing Demand on Professional Officers Through Service Redesign 21st November 2018 The Noise App Prohibition Orders and Improvement Notices: Same Property, Different Hazards 21st November 2018 RIAMS Benefits of Using RIAMS: Regularly Reviewed Content 19th November 2018 RIAMS New Reportable App Coming Soon 19th November 2018 Reportable Benefits of Using RIAMS: One-stop Shop for You and Your Team 12th November 2018 RIAMS Thank you, Noise App! 7th November 2018 The Noise App

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.