Cases - R v Secretary of State for the Environment, Transport and the Regions, ex parte Benham-Crosswell

Record details

Name
R v Secretary of State for the Environment, Transport and the Regions, ex parte Benham-Crosswell
Date
[2001]
Citation
EWHC Admin 146
Legislation
Keywords
Planning control - Agricultural Holdings Act 1986
Summary

The appellants were tenants of agricultural land under a lease expiring on 28 October 1998. The lease excluded the operation of the Agricultural Holdings Act 1986, so no yearly tenancy arose on expiry. An enforcement notice, dated 13 October 1998, was served in respect of engineering operations. The appellants lodged appeals which were received on 18 November 1998. No new tenancy or licence was granted to the appellants and the inspector found no evidence to support the appellants' claims that implied licences had been granted.

It was held that the appellants had no right to appeal. Although they had an interest in land at the date of issue of the notice, they had no such interest (i.e. a legal or equitable interest) at the date the appeal was brought, namely when it was received on 18 November. Furthermore, a 'relevant occupier' must establish a licence both at the date of issue and the date of appeal.