Cases - North Devon District Council v Secretary of State for the Environment, Transport and the Regions
Record details
- Name
- North Devon District Council v Secretary of State for the Environment, Transport and the Regions
- Date
- [1998]
- Citation
- 4 PLR 46
- Legislation
- Keywords
- Planning control
- Summary
-
In 1975 the appellants acquired a bungalow subject to an agricultural occupancy condition and let it out for holiday accommodation from May to September every year. It was unoccupied in the winter months. In 1990 they applied for a lawful development certificate for use as a holiday cottage without complying with the agricultural occupancy condition. It was claimed, following Webber v Minister of Housing and Local Government, that a seasonal use could become established if it occurred regularly every year. The Secretary of State agreed and the local authority appealed.
The judge distinguished the Webber case. That was not a case about a breach of condition, but about the material change of use of agricultural land to a campsite during the summer months over a number of years. The issue here was not about use but about breach of condition. During the winter months there was no breach of condition so enforcement action could not be taken. There had therefore been no continuous breach of the condition for 10 years.
(The judge observed that continuous physical occupation is not required for there to be occupation in breach. It will be a matter of fact and degree whether breach continues despite absence for a time.)