Cases - Wealden District Council v Secretary of State for the Environment

Record details

Name
Wealden District Council v Secretary of State for the Environment
Date
[1988]; [1988]
Citation
1 EGLR 187; 08 EG 112-124
Legislation
Keywords
Planning control
Summary

A farm in an area of outstanding natural beauty was used for raising beef cattle. There were some farm buildings, but no farmhouse, on the land. The farm buildings were not weatherproof, so the farmer stationed a caravan for the storage and mixing of calf feed and to provide shelter for himself and his wife. The planning authority served an enforcement notice alleging a material change of use without planning permission.

The Court of Appeal noted that it had long been established that a caravan with wheels was not a structure but the placing of it on land may be a material change of use. On the facts, the caravan was not used for residential purposes but was for agricultural purposes ancillary to the breeding and keeping of livestock. Therefore no development had taken place.