Wyre Forest DC v SoS Environment and Another
Wyre Forest DC v SoS Environment and Another
- 1989
- Estates Gazette (1989) 20 EG 119-123(2) .
CA 18 November 1988. An alleged breach of planning control over erection of a chalet on a caravan site . Planning permission had been granted to the owners of a caravan site for continued use of land as a caravan site, subject to planning conditions. Subsequently a chalet was erected on the site and the planning authority issued enforcement notices for a breach of control. The owners appealed to the SoS Environment and the inspector quashed the notices. The planning authority appealed to the High Court, where the SoS`s decision was upheld. The planning authority appealed to the CA. At issue was whether the word "caravan" should be construed in its ordinary meaning, in which case there was a breach, or whether it had the meaning set out in the Caravan Sites and Control of Development Act 1960 s29(1) , in which case the erection of a chalet was not a breach. Held that the chalet was a structure but not a caravan. Appeal allowed.
CA 18 November 1988. An alleged breach of planning control over erection of a chalet on a caravan site . Planning permission had been granted to the owners of a caravan site for continued use of land as a caravan site, subject to planning conditions. Subsequently a chalet was erected on the site and the planning authority issued enforcement notices for a breach of control. The owners appealed to the SoS Environment and the inspector quashed the notices. The planning authority appealed to the High Court, where the SoS`s decision was upheld. The planning authority appealed to the CA. At issue was whether the word "caravan" should be construed in its ordinary meaning, in which case there was a breach, or whether it had the meaning set out in the Caravan Sites and Control of Development Act 1960 s29(1) , in which case the erection of a chalet was not a breach. Held that the chalet was a structure but not a caravan. Appeal allowed.