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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.

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