Cases - RW Ramsey and JP Ramsey v Secretary of State for the Environment and Suffolk Coastal District Council
Record details
- Name
- RW Ramsey and JP Ramsey v Secretary of State for the Environment and Suffolk Coastal District Council
- Date
- [2002]
- Citation
- EWCA Civ 118
- Legislation
- Keywords
- Planning control
- Summary
-
In the 1980s the claimant, without planning permission, carried out engineering operations on grazing land in order to create banks, depressions and jumps for a track for off-road vehicles. In 1998 the claimant applied for a lawful development certificate in respect of 'use of the agricultural land for the purpose of vehicular sports and leisure activities for a period not exceeding 28 days in any one year'. At first instance it was held that as there were permanent physical changes to the land in connection with the vehicular use, it should not be regarded as temporary or occasional. The Court of Appeal disagreed. As there would be a reversion to land for grazing sheep between off-road activities, the vehicular use was still temporary. However, the Court stated that if physical changes or activities render the land difficult or impossible to use for agriculture, then the use would no longer be temporary. Lord Justice Robert Walker observed that an intensively used off-road track which created extremely muddy conditions might, as a matter of fact, be incapable of reverting to agricultural use.