CFJ WIN ANOTHER IMPORTANT APPEAL

2nd February 2010

SUCCESSFUL APPEAL TAKEN BY
CHARLES F JONES & SON LLP TOGETHER
WITH FULL AWARD OF COSTS
AGAINST COUNCIL

This appeal is extremely interesting in that it highlights the importance of checking the precise terms of planning consents to determine what it entitles you to do.

In this case whilst the originating planning consent granted 51 residential caravans together with the provision of 51 garages it did not contain a Condition limiting the change of use to that number. Nor was there any layout plan which could be relied upon to control layout or numbers.

The appeal against the Enforcement Notice included grounds (b) and (c) and the nub of the case put forward by Charles F Jones & Son was that as there was no Condition restricting numbers on the consent there was no material change of use involved by increasing the existing number of mobile homes form 51 to 52. Furthermore the originating consent should be interpreted as an open consent leaving numbers to be controlled purely by Site Licence Conditions under the provisions of the Caravan Sites & Control of Development Act 1960. The Inspector agreed and quashed the Enforcement Notice.

Running in tandem with the Enforcement Notice appeal was an appeal against a planning refusal for 1 additional mobile home. This had been submitted by the appellant whilst under threat by the Council of service of an Enforcement Notice and in an effort to avoid an appeal.

As the Enforcement Notice was quashed on Legal grounds, the Inspector found there was no merit in determining this appeal as it was unnecessary because consent already existed.
On the matter of costs he found that the Council had acted unreasonably in their threat and ultimate service of an Enforcement Notice and which initially led to the appellant submitting a planning application in an effort to avoid an Enforcement Notice, both actions being completely unnecessary. He found that the Council had misunderstood the Case Law in this area and failed to appreciate the limitations of the 1972 permission and the relationship in such circumstances between the Planning Legislation and the Caravan Sites & Control of Development Act 1960.

This appeal therefore highlights the need to need to seek professional advice from Planning Consultants who are well versed in Planning and Site Licence Law when carrying out any development or indeed proposing to carry out any development on Caravan parks.

Charles f Jones & Son are well placed to provide this specialised area of advice having advised the Caravan Industry for over 50 years,

Mike Bond FRICS Chartered Surveyor

CFJ WIN ANOTHER IMPORTANT APPEAL

2nd February 2010

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